Md. Ansarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13328 of 2023 Arising Out of PS. Case No.-108 Year-2016 Thana- ANDHRAMATH District- Madhubani ====================================================== MD. ANSARUL Son of Md. Inus R/V- Neur, P.S- Andhramath, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is the second attempt of the petitioner to seek anticipatory bail as it has been submitted by the learned counsel for the petitioner that earlier by order dated 02.09.2022 in Criminal Miscellaneous No. 8526 of 2022 the petitioner had sought permission to withdraw the anticipatory bail application and the permission was accorded.

It is next submitted that the present application has been filed on the ground that the parties have entered into a compromise.

The learned A.P.P. for the State opposes the bail application and submits that the injury suffered by the injured on account of assault made by the petitioner attracted Section

Patna High Court CR. MISC. No.13328 of 2023(2) dt.29-03-2023 2/2 307 of the IPC which is not compoundable. It is also submitted that it absolutely does not stand to reason that as to why the petitioner approached this Court so belatedly when the compromise was entered in between the parties on 17.10.2022. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to entertain the anticipatory bail application of the petitioner. Accordingly, the present anticipatory bail application stands rejected.

However, in the event, if the petitioner surrenders and seeks regular bail, the learned Trial Court shall pass orders in accordance with law without being influenced by this order that the anticipatory bail application of the petitioner has been rejected.

(Satyavrat Verma, J) Rishabh/- U T