Shiv Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12064 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== SHIV SHANKAR SAHNI S/o Arjun Sahni R/o village- Makasudanpur Bhadaiya, P.S.- Mohiuddin Nagar, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioner apprehends his arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in the connection with Mohiuddin Nagar P.S. Case No. 108 of 2020.

At the very outset, the learned APP has submitted that Paragraph-72 of the supplementary case diary shows that the process under Sections 82/83 of the Cr.P.C. has been initiated and the petitioner is not entitled for anticipatory bail. In view of aforesaid submissions, this application is dismissed as not maintainable, in the light of the recent decision

Patna High Court CR. MISC. No.12064 of 2021(5) dt.23-03-2022 2/2 in the case of Prem Shankar Prasad Vs. State of Bihar and Another (2021 SCC online SC 955).

If the petitioner surrenders and seek regular bail before the Court below, his bail application shall be considered on their own merit, without being prejudiced by this order. Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Jagdish/- U T