Mintoo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19725 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- Nadi Nainaha District- West Champaran ====================================================== Mintoo Yadav, {25 years (M)} son of Ramashankar Yadav @ Ramkant Yadav, resident of Village- Harpur Shaila, Mujauna, P.S.- Nadi, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Smt. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-04-2019 Sri Umesh Chandra Verma, learned counsel for the petitioner, in presence of Smt. Indu Kumari Srivastava, learned Addl. Public Prosecutor, submits that due to inadvertence, on last occasion i.e. on 20-09-2018 in petitioner's anticipatory bail petition, vide Cr. Misc. No. 58654 of 2018, it was informed that petitioner was arrested during pendency of the said petition. Accordingly, the said anticipatory bail petition i.e. Cr. Misc. No. 58654 of 2018 stood dismissed as same had become infructuous. He submits that fact remains that petitioner was never arrested and due to communication gap, such submission was made on last occasion.

However, after some argument, he requests for disposal of the present anticipatory bail petition so that

Patna High Court CR. MISC. No.19725 of 2019(2) dt.10-04-2019 2/2 petitioner may appear before the court below and pray for regular bail.

Normally, there was not reason to entertain the present petition, but in view of aforesaid facts and circumstances, it is desirable to dispose of the present anticipatory bail petition with indication that if within a period of six weeks from today the petitioner appears before the court below and prays for regular bail, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law, preferably on the same date.

The anticipatory bail petition stands disposed of with above observation.

(Rakesh Kumar, J.) anay U T