Mahadeo Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18335 of 2017 Arising Out of PS.Case No. -186 Year- 2015 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Mahadeo Roy Son of Sukan Roy Resident of Village - Pakariya, P.S. - Kusheshwar Asthan, District - Darbhanga (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Abdus Shakoor, Advocate.

For the Opposite Party : Mr. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner apprehends his arrest in Kusheshwar Asthan P.S. Case No. 186 of 2015 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The petitioner was granted anticipatory bail by learned Sessions Judge, Benipur, Darbhanga vide order dated 22.07.2015 passed in A.B.P. No. 256 of 2015 but the petitioner did not surrender in the court below in pursuance of the order dated 22.07.2015 passed in A.B.P. No. 256 of 2015. The petitioner filed petition for modification of the order dated 22.07.2015 before learned Additional Sessions Judge, Camp Court, Benipur, Darbhanga who dismissed the petition as the petitioner could not

Patna High Court Cr.Misc. No.18335 of 2017 (3) dt.10-07-2017 2/2 explain the reasons for his not surrendering in the court fore more than 11⁄2 years. The petitioner again filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

Considering the facts aforesaid and the fact that once the petitioner is granted anticipatory bail, I am of the view second anticipatory bail petition is not maintainable. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J.) KKSINHA/- U T