Rambaboo Prasad Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6904 of 2015 Arising Out of PS.Case No. -3 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rambaboo Prasad Kushwaha, Son of Sheo Badan Prasad Kushwaha, Resident of Village - Bhawanipur, P.S. - Sangrampur, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 18-03-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner has filed this application for grant of anticipatory bail in Trial No.7687/2014 arising out of Complaint Case No. 03/12 for the offence punishable under Section 406 of the Indian Penal Code and Section 138 of Negotiable Instruments Act. It is submitted that earlier the petitioner had moved this Court vide Cr. Misc. No.50194 of 2014 which was disposed of vide order dated 15.12.2014 (Annexure-1 of this application) and in pursuance of that order, the petitioner had moved the court of Sri Praveen Kumar Singh, Judicial Magistrate-1st Class, Motihari, East Champaran, but he has not passed any order and he advised to withdraw the petition filed by the petitioner which is Annexure-3 to this

Patna High Court Cr.Misc. No.6904 of 2015 (2) dt.18-03-2015 2/2 application.

It appears from the Annexure-3 that although the copy of the petition has been received by the other side, but it does not appear that it has been filed before the learned Magistrate. Considering the facts and circumstances of the case, I do no find any ground to reconsider the matter. However, the petitioner is still at liberty to move the authority concerned in pursuance of the judgment of Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & Anr., reported in 2014(3) PLJR 314 (SC). This petition stands disposed of.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T