Aditya Mohan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6692 of 2017 Arising Out of PS.Case No. -692 Year- 2010 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Aditya Mohan Thakur, S/o Late Awadh Mohan Thakur, resident of Mohalla - Rai Hari Mohan Road, Barari, P.S. Barari, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-03-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Bhagalpur Kotwali (Adampur) P. S. Case No. 692 of 2010 registered under Sections 323, 341, 467, 468, 420 and 120B of the Indian Penal Code.

The allegation, in brief, is that petitioner used to sell land by preparing forged documents and he had given power of attorney to other accused persons relating to his land, who are brokers and had taken money from the informant on the pretext of making agreement for deed of sale, but later on they refused. Learned counsel for the petitioner submits that earlier the petitioner had moved anticipatory bail application before this Court, but the same was withdrawn and thereafter the petitioner

Patna High Court Cr.Misc. No.6692 of 2017 (3) dt.18-03-2017 2/2 had filed a revision application before the Sessions Court against the order taking cognizance in this case and the same is still pending.

Learned A.P.P. submits that this case is of the year 2010 and earlier anticipatory bail application filed by the petitioner, was disposed of as withdrawn by order dated 03.02.2012 passed in Cr. Misc. No. 42987 of 2011, wherein the Court has observed that "after some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight and seek regular bail" but even after lapse of more than four years, he has not surrendered before the court below. Having considered the aforesaid facts and circumstances, the prayer for anticipatory bails of the petitioner is rejected.

However, the petitioner, if so advised, may surrender before the court below within a period of four weeks and seek regular bail, which shall be disposed of on merit without being prejudiced by this order.

(Arun Kumar, J) Sujit/- U