Kumar Sanjiv Yadav @ Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24611 of 2021 Arising Out of PS. Case No.-70 Year-2016 Thana- GANDHIMAIDAN District- Patna ====================================================== KUMAR SANJIV YADAV @ SANJIV KUMAR, aged about 30 years (Male), Son of Shankar Rai, Resident of Harna, P.S.- Dariyapur, District - Saran at Chapra.
... ... Petitioner
Versus
1.
The State of Bihar.
2.
Satish Kumar, Son of Sri Laxman Prasad, Resident of Village - Neura, P.S.- Bihta, District - Patna, at presently posted as Manager Hi-Tek Syndicate, H.S. Chandi, Byapar Bhawan, Exhibition Road, Patna- 800001. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Sharma, Advocate.
For the State :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
Earlier anticipatory bail application of the petitioner was rejected on merit by the then Co-ordinate Bench of this Court vide Cr. Msc. No. 40303 of 2016 under order dated 09.02.2017.
This is second anticipatory bail application preferred on behalf of the petitioner in the year 2021 in respect of a case instituted in the year 2016 on the ground that the parties have
Patna High Court CR. MISC. No.24611 of 2021(2) dt.20-07-2021 2/2 entered into compromise. Hence, his second anticipatory bail application be entertained.
The present anticipatory bail application has been filed on behalf of the petitioner after such an inordinate delay. Hence, I find no reason to interfere with the earlier order passed by the then Co-ordinate Bench of this Court vide Cr. Misc. No. 40303 of 2016 under order dated 09.02.2017, annexed as Annexure-1 to the present application.
The present anticipatory bail application stands disposed of in connection with Gandhi Maidan P.S. Case No. 70 of 2016, pending in the court of learned Judicial Magistrate-Ist Class, Patna. If so advised, the petitioner may surrender in the learned court below and pray for regular bail. In case, regular bail application is preferred by the petitioner, the learned court below may consider the same and pass an appropriate order, in accordance with law, taking into account that the parties have entered into compromise and the informant does not want to pursue the litigation.
(Sudhir Singh, J) U.K./- U T