Md. Abbas Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6523 of 2019 Arising Out of PS. Case No.-160 Year-2016 Thana- SUGAULI District- East Champaran ====================================================== Md. Abbas Ali Son of Late Dost Mohammad Resident of village - Shrikhindi, P.S.- Sugali, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 Earlier prayer for anticipatory bail of the petitioner was dismissed as withdrawn on the request of the petitioner vide order dated 06.02.2017 passed in Cr. Misc. No. 5410 of 2017. Now this is the second application for grant of anticipatory bail in connection with Sugali P.S. Case No. 160 of 2016, disclosing offences under Sections 323, 324, 447, 504, 506, 307, 389/34 of the Indian Penal Code.
Submission of learned counsel for the petitioner is that this second application has been filed on the ground that charge-sheet has not been submitted under Section 307 of the Indian Penal Code, but the cognizance has been taken. Heard learned A.P.P. also.
Having heard both sides, in view of the fact that the petitioner was already permitted to withdraw the earlier
Patna High Court CR. MISC. No.6523 of 2019(3) dt.02-04-2019 2/2 application for anticipatory bail at his own request and now after two years, he has again moved this application for grant of anticipatory bail, as such, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender before the court below within a period of six weeks and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T