Shami Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12304 of 2021 Arising Out of PS. Case No.-305 Year-2019 Thana- AIRPORT District- Patna ====================================================== Shami Alam, age 30 years, Male, S/O Late Sabdul Alam R/O Village-Madarsa Gali, Samanpura, P.S.-Shashtrinagar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Adv.

For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2022 The petitioner seeks bail in anticipation of his arrest in connection with Hawai Adda P.S. Case No. 305 of 2019 dated 12.12.2019 instituted for the offences under Sections 302/34 of the Indian Penal Code.

After going through the case diary, Mr. Ram Priya Sharan Singh, learned APP has informed this Court that the petitioner has been declared an absconder.

In that view of the matter, the provisional bail granted to the petitioner by order dated 23.12.2021 is hereby recalled. Accordingly, the petition for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits without being prejudiced by the facts that the

Patna High Court CR. MISC. No.12304 of 2021(4) dt.08-03-2022 2/2 present application has not been entertained by this Court. (Ashutosh Kumar, J) rishi/- U T