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Patna High CourtCR. MISC./5142/2019dismissed

Dilip Choudhary @ Dilip Shah v. The State Of Bihar

2019-01-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5142 of 2019 Arising Out of PS. Case No.-238 Year-2012 Thana- MITHANPURA District- Muzaffarpur ====================================================== Dilip Choudhary @ Dilip Shah, son of Ganesh Choudhary, Resident of Mohalla- Banars Bank Chowk, Police Station-Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mithanpura Police Station Case No. 238 of 2012, disclosing offences under Section 272 and 273 of the Indian Penal Code and Section 47(a) of the Excise Act. The First Information Report was registered in 2012. This application has been filed nearly seven years after lodging of the First Information Report. There is no explanation for delay in the application. An application for anticipatory bail filed after seven years of registration of First Information Report cannot be entertained and is, hereby, dismissed.

Patna High Court Cr.Misc. No.5142 of 2019(2) dt.30-01-2019 2/2 The petitioner, Dilip Choudhary @ Dilip Shah, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √