Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13315 of 2015 Arising Out of PS.Case No. -138 Year- 2009 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Sanjay Sah Son of Kamal Sah Resident of Village- Rampur, Police station Saur Bazar (Baijnathpur O.P) District Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and the State.
The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 504 of the Indian Penal Code.
It is alleged that the informant made protest when the accused persons were constructing house on the land of the informant. Thereafter the petitioner assaulted the informant by fists and slaps and snatched Rs. 16,000/-. The petitioner was granted anticipatory bail vide Cr. Misc. No. 5789 of 2011 on 26.03.2011 with the stipulation to surrender within a period of 4 weeks to furnish bail bond, but since the petitioner was not sent up for trial while coaccused was charge-sheeted. But subsequently differing with
Patna High Court Cr.Misc. No.13315 of 2015 (2) dt.01-04-2015 the final form order of cognizance was passed hence, the petitioner has filed the present second anticipatory bail application.
This Court is not inclined to consider the second anticipatory bail application, but since the petitioner was granted anticipatory bail on merits, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Saur Bazar P.S. Case No. 138 of 2009, pending in the court of learned Judicial Magistrate, Ist Class, Saharsa.
With this observation this application is disposed of.
It is expected from the learned court below to dispose of the regular bail application of the petitioner preferably on the same day.
(Dinesh Kumar Singh, J) P.K./- U T