Patna High CourtCR. MISC./16571/2019dismissed

Yakub @ Yakub Khalifa v. The State Of Bihar

2019-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16571 of 2019 Arising Out of PS. Case No.-143 Year-2017 Thana- ROSHANGANJ District- Gaya ====================================================== YAKUB @ YAKUB KHALIFA Son of Israil Khalifa R/o Village- Kothi, P.SRoshanganj (Bankey Bazar) , District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar Mishra For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier the prayer for grant of anticipatory bail of the petitioner was dismissed vide order dated 23.04.2018 passed in Cr. Misc. No. 16377 of 2018 and there was allegation of recovery of 400 'kg' of doda and petitioner was directed to surrender and make prayer for regular bail. However, it appears that after lapse of about one year, this second anticipatory bail petitioner has been filed.

Submission of learned counsel for the petitioner is that certain materials were not brought before this Court and now the same is available with the petitioner. However, considering the fact that once the prayer for

Patna High Court CR. MISC. No.16571 of 2019(2) dt.04-04-2019 2/2 grant of anticipatory bail of the petitioner has already been dismissed and there was direction to the petitioner to surrender and make prayer for regular bail, I find no occasion to re - consider, the prayer of the petitioner for grant of anticipatory bail. However, the petitioner, if so desire, may surrender before the court below and pray for regular bail and if any such application is filed the court below shall dispose of the same on the basis of materials available on record.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T