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Patna High CourtCR. MISC./25937/2019rejected

Girish Yadav v. The State Of Bihar

2019-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25937 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- RAJAON District- Banka ====================================================== Girish Yadav S/o Yadunandan Yadav @Yadu Yadav, Resident of VillageSikanpur, P.S.- Rajaun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Mines and Geology Department, Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard learned counsel appearing on behalf of the petitioner.

Earlier learned counsel for the petitioner withdrew the anticipatory bail petition of Girish Yadav (petitioner) on the ground that the petitioner was arrested and, therefore, the anticipatory bail petition of the petitioner was dismissed as withdrawn but in fact the petitioner was not arrested. Learned counsel for the petitioner submits that the case of the petitioner is similar to that of two other accused persons, namely, Nilesh Yadav and Brahmdeo Yadav @ Brahamdeo Yadav, who have already been granted anticipatory bail vide Cr.Misc.No.74030 of 2018 on 19.12.2018 by this court but on account of wrong information, the anticipatory bail

Patna High Court CR. MISC. No.25937 of 2019(3) dt.24-07-2019 2/2 petition of the petitioner was dismissed as withdrawn. Be that as it may, once the prayer for anticipatory bail of the petitioner was dismissed as withdrawn, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the regular bail of the petitioner taking into consideration the fact that two other accused persons, namely, Nilesh Yadav and Brahmdeo Yadav @ Brahamdeo Yadav have already been granted anticipatory bail. (Prabhat Kumar Jha, J) Harish/- U