Patna High CourtCR. MISC./13270/2019dismissed

Anil Kumar Mishra And ORS. v. The State Of Bihar

2019-03-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13270 of 2019 Arising Out of PS. Case No.-99 Year-2005 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

Anil Kumar Mishraaged about 56 years, Male, S/o Late Ram Pyare Mishra 2.

Pushpendra Kumar Tiwari @ Paplu Tiwari, aged about 40 years, Male, S/o Shiv Shankar Tiwari 3.

Sunil Kumar Shukla @ Shishu Shukla, aged about 44 years, Male, S/o Late Madan Shukla 4.

Santosh Kumar Tiwari @ Munna Tiwari @ Mannu Tiwari, aged about 44 years, Male, S/o Late Ramchandra Tiwari All resident of Village-Tiwari Matihiniya, P.S-Bishambharpur, DistrictGopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Bishambharpur P.S. Case No. 99 of 2005.

3. It is submitted that after investigation of the case, police submitted final form on 31.07.2018 and the petitioners were not sent up for trial. However, differing with the final form, cognizance has been taken against the petitioners by learned Magistrate.

4. At the very outset, this Court takes note that the first information report was instituted as far back as in 2005 and the petitioners' prayer for anticipatory bail had already been rejected by

Patna High Court CR. MISC. No.13270 of 2019(2) dt.05-03-2019 2/2 this Court vide order dated 18.04.2006 passed in Cr. Misc. No. 12653 of 2006.

5. In the above circumstances, this Court is not inclined to grant anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) BT/Chandran U T