Md. Talha @ Abu Talha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55904 of 2015 Arising Out of PS.Case No. -28 Year- 2002 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Md. Talha @ Abu Talha son of Late Alimuddin, Resident of village- Sirsi, P.S.- Khodabandpur, District- Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s : Mr. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-12-2015 Heard learned counsels for the petitioner and the State.
The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 325 of the Indian Penal Code and 27 of the Arms Act.
Earlier the prayer for anticipatory bail of the petitioner was dismissed by a co-ordinate Bench of this Court vide order dated 02.05.2003 passed in Cr. Misc. No. 28617 of 2002.
It is submitted by learned counsel for the petitioner that subsequent to the dismissal order, on conclusion of the investigation the petitioner was not sent up for trial but
Patna High Court Cr.Misc. No.55904 of 2015 (2) dt.09-12-2015 2/2 differing with the final form the cognizance was taken and coaccused who was put on trial has been acquitted. The petitioner undertakes to appear before the learned court below regularly. Keeping in view of the fact that subsequent to the dismissal order the final form was submitted and petitioner was not sent up for trial, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Khodabandpur P.S. Case No. 28 of 2002 pending in the court of learned Judicial Magistrate, Ist Class, Begusarai.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T