Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24877 of 2016 Arising Out of PS.Case No. -16 Year- 2004 Thana -GOVERNMENT OFFICIAL COMP. District- BHOJPUR ===================================== Surendra Yadav, son of Mahendra Yadav, resident of Village: Jamira, P.S: Ara (Muffasil), District: Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Dilip Kumar (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-06-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Excise Case No.16 of 2004, disclosing offences under Sections 47(a) and 47(f) of the Excise Act. There are two reasons why I am not inclined to entertain this application for grant of anticipatory bail. Firstly, the case was instituted in the year 2004, in connection with which the petitioner appears to have started taking steps for grant of anticipatory bail in the year 2016, by filing application before the Court of learned
Patna High Court Cr.Misc. No.24877 of 2016 (2) dt.20-06-2016 2/2 Sessions Judge, Bhojpur at Ara. Secondly, I find from the order of learned Sessions Judge that processes, under Sections 82 and 83 of the Code of Criminal Procedure, have been issued.
In view of Supreme Court decision, in case of Lavesh Vs. State (NCT of Delhi), reported in (2012) 8 SCC 730, this application is not maintainable and, is, accordingly, dismissed.
The petitioner, abovenamed, is directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by dismissal of present application for grant anticipatory bail.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T