Patna High CourtCR. MISC./11821/2022dismissed

Hasmuddin v. The State Of Bihar

2022-03-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11821 of 2022 Arising Out of PS. Case No.-208 Year-2011 Thana- DHAKA District- East Champaran ====================================================== Hasmuddin Son of Mohmmadin Miyan Resident of Village - Barahi, Police Station - Bairgania and District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Manish Kumar No. 2, Advocate For the Opposite Party :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 208 of 2011 registered for the offences under Sections 120(B), 302 and 34 of the Indian Penal Code.

The petitioner is an accused in a case of 2011 which was registered against unknown and it has been submitted by learned counsel for the petitioner that investigation is still pending and there has been compromise between the parties and some of the accused persons have been granted anticipatory bail and therefore, the petitioner deserves anticipatory bail. Learned APP for the State has opposed the prayer for anticipatory bail saying that the case is of 2011 and the petitioner has no respect for law. Learned APP also submits that

Patna High Court CR. MISC. No.11821 of 2022(2) dt.22-03-2022 2/2 the order relied by learned counsel for the petitioner does not inspire confidence.

In these circumstances, this is not a fit case for grant of anticipatory bail to the petitioner. This application for anticipatory bail is dismissed.

Petitioner is directed to surrender in the court below within four weeks from today. The court below will consider the petition for regular bail of the petitioner without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court. The court below will also consider the fact of grant of anticipatory bail to the similarly situated accused persons.

(Sandeep Kumar, J) BT/- U T