Patna High CourtCR. APP (SJ)/2527/2021dismissed

Shankar Mandal v. The State Of Bihar

2021-10-26Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2527 of 2021 Arising Out of PS. Case No.-12 Year-2016 Thana- SC/ST District- Katihar ============================================== ======== SHANKAR MANDAL S/o Tulsi Mandal Resident of Suryana Baina, P.S.- Pranpur, District- Katihar ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ============================================== Appearance :

For the Appellant/s :

Mr.Raghvendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard Mr. Raghvendra Kumar Singh, the learned counsel for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State. The appellant has challenged the order dated 22.12.2020 passed by the learned Additional Sessions Judge -I-cum-Special Judge, Katihar in A.B.P. No. 83 of 2020 arising out of Katihar SC/ST P.S. Case No. 12/2016 whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences

Patna High Court CR. APP (SJ) No.2527 of 2021(7) dt.26-10-2021 2/3 under Sections 323 and 364 of the Indian Penal Code and under Section 3(1)(x) of SC/ST (POA) Act has been rejected.

This court had by order dated 27.07.2021 called for the case diary and had granted provisional bail to the appellant.

The case diary has since been received.

Mr. Sadanand Paswan, the learned Special P.P. for the State, however, has informed this Court today that the appellant has been declared an absconder before the provisional bail was granted to him. This fact was not brought to the notice of this Court on the last occasion.

Considering this aspect of the matter, I am not inclined to interfere with the order passed by the court below refusing to grant anticipatory bail to the appellant. The appeal is, thus, dismissed.

The interim order dated 27.07.2021 is hereby recalled.

Patna High Court CR. APP (SJ) No.2527 of 2021(7) dt.26-10-2021 3/3 Should the appellant surrender before the court below and seek bail, it shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T