← Library
Patna High CourtCR. MISC./25745/2015disposed

Lal Babu Rai v. The State Of Bihar

2015-07-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25745 of 2015 Arising Out of PS.Case No. -138 Year- 2003 Thana -SONEPUR District- SARAN ====================================================== Lal Babu Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 384, 323, 341 and 379/34 of the Indian Penal Code.

The accusation is of demanding extortion and making assault. The case was instituted in the year 2003. It is submitted by learned counsel for the petitioner that the petitioner was on police bail.

In the circumstances, the present anticipatory bail is not maintainable in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR, 491.

Let the learned court below consider the prayer for regular bail of petitioner in view of ratio laid down in aforesaid case if he

Patna High Court Cr.Misc. No.25745 of 2015 (2) dt.14-07-2015 2/2 surrenders within a period of six weeks in connection with Sonepur P.S. Case No. 138 of 2003 pending in the court of learned JM, 1st Class, Chapra, Saran.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T