Purushottam Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2676 of 2015 Arising Out of PS.Case No. -141 Year- 2013 Thana -DARBHANGA District- DARBHANGA ====================================================== Purushottam Jha, Son of Ram Naresh Jha, resident of Village-Dekuli, Bahadurpur, P.S.-Laheriasarai, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in connection with Town P.S. Case No. 141 of 2013, pending before learned Chief Judicial Magistrate, Darbhanga, registered for the offences punishable under Sections 302, 379, and 120(B)/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner was not named in the First Information Report and his name has been cropped up in course of investigation on the basis of mobile calls. He has submitted that no material has come in course of investigation on the basis of which, it can be said that the petitioner committed the offence. Learned counsel for the

Patna High Court Cr.Misc. No.2676 of 2015 (4) dt.14-05-2015 2/2 petitioner has drawn my attention to an order dated 03.03.2015, passed in Cr. Misc. No. 1108 of 2015, to submit that under similarly situated circumstance another coaccused persons, namely, Raju Jha @ Rajesh Kumar Jha, has been granted the privilege of anticipatory bail. It appears from the submissions made on behalf of the parties that the processes have been issued against the petitioner, after having been declared absconder, under Sections 82 and 83 of the Code of Criminal Procedure. In my opinion, a person who is a proclaimed offender cannot be granted privilege of anticipatory bail.

In my opinion, once such processes have been issued, the application for anticipatory bail cannot be entertained. This application is, accordingly, rejected. (Chakradhari Sharan Singh, J) Praveen-II/- U T