Rishi Kapoor And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15169 of 2017 Arising Out of PS.Case No. -19 Year- 2013 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Rishi Kapoor, Son of Subhash Chandra Kapoor

2. Subhash Chandra Kapoor, Son of late Bishwanath Kapoor Both residents of Kila Road, Patna City, P.S. Chowk, District- Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party : Mr. Dr. Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners wants to renew the prayer of prearrest bail which was earlier rejected by order dated 25.06.2014 passed in Cri. Misc. No. 32181 of 2013, on the ground that now the dues has been cleared and now there is no dues. Punjab National Bank, Muradpur, Patna Branch had granted certificate to that extent vide Annexure-4, one co-accused Randhir Kapoor has been allowed regular bail and at that time the learned counsel for the complainant has not objected as the matter has been compromised vide B.P. No. 494 of 2015 and, as such, the petitioners now deserve sympathetic consideration. Learned APP submits that this is second anticipatory

Patna High Court Cr.Misc. No.15169 of 2017 (3) dt.19-05-2017 2/2 bail application.

In the facts and circumstances stated above, considering that loan amount of bank has already been deposited and now there is no dues of any loan amount and, as such, the petitioners must surrender and seek regular bail and in that case as one of the co-accused Randhir Kapoor has been allowed bail and, as such, the petitioners shall also be released on bail, as the matter has been compromised, the order dated 25.06.2014 passed in Cr. Misc. No. 32181 of 2013 shall not be prejudiced while granting bail by the learned court below. Accordingly, this criminal miscellaneous is hereby disposed of. (Jitendra Mohan Sharma, J.) Rajiv/- U T