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Patna High CourtCR. MISC./41393/2018dismissed

Ghanshyam Mishra v. State Of Bihar And ANR

2018-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41393 of 2018 Arising Out of PS.Case No. -45 Year- 2010 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Ghanshyam Mishra, son of late Jai Kishor Mishra, resident of villageMishra Ke Barka Gaow, P.S. Buxar Industrial Area, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar Singh, son of Harihar Singh, resident of village- Reriya, P.S.- Bikramganj, District- Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.45 of 2010 arising out of Sasaram (Model) P.S. Case No.305 of 2009 instituted for the offence under Section(s) 406/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Rohtas at Sasaram.

Xerox copy of the entire order-sheet has been annexed with the bail petition from which it appears processes under Section 82-83 Cr. P.C. has been ordered to be issued against the petitioner on 03.12.2015 and thereafter, case is pending for appearance of the petitioner.

Patna High Court Cr.Misc. No.41393 of 2018 (4) dt.18-07-2018 2/2 In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Counsel for the petitioner submits that compromise has taken place between the parties and money has already been returned to the informant.

In such circumstances, petitioner is directed to surrender before the Court below within a period of four weeks and seek regular bail and, in the event, Court below finds that compromise has taken place between the parties, the Court below will pass necessary order in accordance with law, preferably on the same day, without being prejudiced by this order. (Sanjay Priya, J) JA/- U T