Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14483 of 2017 ====================================================== Gaurav Kumar, Son of Sri Diwakar Prasad Singh, resident of village - Chintamanichak, Police Station - Mokama, Distt. Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mritunjay Prasad Singh, Advocate.

For the Opposite Party : Mr. Md. Sufiyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2017 Heard Shri Dronacharya, learned counsel appearing on behalf of the petitioner and learned APP for the State. The petitioner has filed this petition for restoration of Cr. Misc. No. 6942 of 2017. It is submitted that due to unavoidable circumstances, learned counsel for the petitioner could not be able to attend the court and that is why Cr. Misc. No. 6942 of 2017 was dismissed for non-prosecution. It appears that the petitioner, prior to filing of Cr. Misc. No. 6942 of 2017 for grant of anticipatory bail, has filed Cr. Misc. No. 36437 of 2015 for anticipatory bail and got anticipatory bail and, in pursuance thereof, he appeared in the court but, he did not appear on the next date fixed by the court, giving direction to the petitioner to appear in person and consequently, the court below cancelled the bail bond of the petitioner.

Patna High Court Cr.Misc. No.14483 of 2017 (2) dt.10-05-2017 2/2 On the facts aforesaid, I find that after cancellation of his bail bonds, granted in Cr. Misc. No. 36437 of 2015, the second anticipatory bail petition is not maintainable. Therefore, there is no valid ground to restore Cr. Misc. No. 6942 of 2017. Accordingly, this restoration petition is dismissed. (Prabhat Kumar Jha, J.) KKSINHA/- U T