Mod Narayan Jee @ Madan Panjeeyar v. The State Of Bihar

Patna High Court Cr.Misc. No.34539 of 2017 (3) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34539 of 2017 Arising Out of PS.Case No. -36 Year- 2012 Thana -RAJNAGAR District- MADHUBANI ====================================================== Mod Narayan Jee @ Madan Panjeeyar, S/o Late Nageshwar Panjeeyar, R/o Village- Bairwa, P.S.- Madhwapur, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajnagar P.S. Case No. 36 of 2012 instituted for the offence under Sections 419, 420, 463, 468, 471, 414 and 120(B)/34 of the Indian Penal Code. As per Annexure-1, earlier the petitioner had filed anticipatory bail application in this Court. The anticipatory bail application of the petitioner was disposed off as withdrawn by a coordinate Bench of this Court vide order dated 19.4.2014 passed in Cr. Misc. 7153 of 2014 with liberty to file a fresh petition in the court of learned Sessions judge.

It has been submitted on behalf of the petitioner that cement has not been recovered from his possession rather the same has been recovered from godown of Guddu Kumar who has

Patna High Court Cr.Misc. No.34539 of 2017 (3) dt.21-08-2017 been arrested and he disclosed the name of this petitioner. From the order dated 19.4.2014 passed in Cr. Misc. 7153 of 2014, it appears that after withdrawing the aforesaid anticipatory bail application, the petitioner has not filed any application for anticipatory bail in this Hon'ble Court. The petitioner has filed second anticipatory bail application in court below after three years. The anticipatory bail of another accused was rejected on 19.4.2014 by Hon'ble Court vide order passed in Cr. Misc. No. 7153 of 2014.

In such circumstances, 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 disposed off on the same day in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T