Patna High CourtCR. MISC./22865/2019rejected

Anjani Singh @ Tej Pratap Singh v. The State Of Bihar

2019-05-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22865 of 2019 Arising Out of PS. Case No.-422 Year-2014 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== ANJANI SINGH @ TEJ PRATAP SINGH, aged about 40 years, Male, Son of Deo Shankar Singh Resident of Village-Patedhi Jalal, P.S.-Marhaura, DistrictSaran at Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Giri For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-05-2019 Heard learned counsels for the petitioner and the State.

Petitioner has earlier moved this Court for grant of anticipatory bail in Cr. Misc. No. 9801 of 2017 which was rejected vide order dated 21.08.2017 (Annexure-1). Learned counsel appearing for the petitioner submits that no case is made out under section 138 of the Negotiable Instruments Act. No case under section 138 N. I. Act can be instituted by filing first information report. Section 142 (a) of N.I. Act contemplates institution of a Complaint. In the present case cognizance has been taken on basis of investigation made pursuant to lodging of the first information report.

Patna High Court CR. MISC. No.22865 of 2019(4) dt.01-05-2019 2/2 The petitioner has renewed his prayer for grant of anticipatory bail without there being any fresh ground for consideration.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer for bail of the petitioner I accordingly rejected.

However, in case petitioner surrenders and files an application for grant of regular bail, the same shall be considered and disposed of on the same day, if possible, on its own merits and petitioner will be at liberty to raise all the submissions which he has made before this Court. The application, accordingly, stands disposed of. (Arvind Srivastava, J) mcv/- U T