Patna High CourtCR. MISC./34853/2018dismissed

Anil Chaudhary v. The State Of Bihar

2018-07-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34853 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Anil Chaudhary, Son of Late Mahendra Chaudhary, Resident of VillageBarail, Police Station & District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Petitioner apprehends his arrest in Supaul P.S. case no. 136 of 2018 instituted for the offence under Section(s) 366A/34 of the Indian Penal Code.

Learned counsel for the informant has submitted that process under Sections 82 and 83 Cr. P.C. has already been issued against this petitioner. Therefore, report was called for from the learned Court below which has been received wherein it is mentioned that process under Sections 82 and 83 Cr.P.C. has already been issued against petitioner.

Learned counsel for the petitioner has submitted that some of the co -accused with similar allegation against whom process under Section 82 and 83 Cr. P.C. was issued have

Patna High Court Cr.Misc. No.34853 of 2018(5) dt.26-07-2018 2/2 already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 11.7.2018 passed in Cr. Misc. no. 40183 of 2018. From perusal of the said order, it is apparent that this fact was not brought to the notice of the Court at the time of grant of bail.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of, if possible on the same day, on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T