Hari Charan Singh @ Hari Chandra Singh @ Harishchandra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13195 of 2020 Arising Out of PS. Case No.-32 Year-2003 Thana- DESARI District- Vaishali ====================================================== HARI CHARAN SINGH @ HARI CHANDRA SINGH @ HARISHCHANDRA PRASAD SINGH Son of Kamal Singh Resident of Village- Rusulpur Korigaon, P.S.- Goraul, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard Mr. Anish Chandra, learned Advocate for the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Desari (Sahdei-O.P.) P.S. Case No. 32 of 2003 dated 10.03.2003 instituted for the offences under Sections 341, 323, 307, 379, 420, 120(B) of the Indian Penal Code.

It appears that the F.I.R. was registered against unknown in the year 2003. During the course of investigation, the complicity of the petitioner surfaced. However, the petitioner had no idea about the investigation of the case since he was never noticed by the local police.

Learned counsel for the petitioner has further

Patna High Court CR. MISC. No.13195 of 2020(2) dt.07-12-2021 2/2 submitted that no sooner did he learn about his implication in this case, he made an application for anticipatory bail before the court below but the same was rejected.

From the perusal of the impugned order, it appears that the petitioner has been proclaimed as an offender.

Considering this aspect of the matter, I am not inclined to grant anticipatory bail to him.

Accordingly the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, all the above noted facts shall be taken into account and an order shall be passed in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T