Shiv Lok Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30801 of 2019 Arising Out of PS. Case No.-4288 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHIV LOK DUBEY Son of Late Janeshwar Dubey R/O Flat No. 403, Prasad Apartment, Hanuman Nagar, P.S.- Patrakar Nagar, Kankarbagh, Distt - Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sunil Kumar Tiwary, Son of Late Rameshwar Tiwary, Resident of Kalyani Co- operative Colony, Beur P.O.- Anisabad, P.S.- Phulwarisharif, Distt - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma, Advocate.

For the Opposite Party/s :

Mr.Pancha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Complaint Case No. 4288(c) of 2015, instituted for the offence under Section(s) 406 of the Indian Penal Code and Section 138 of N.I. Act pending in the court of learned Sub Judge-3 cum A.C.J.M., Patna.

Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court vide order dated 3.4.2018 passed in Cr. Misc. 9378 of 2018.

Counsel for the petitioner submits that petitioner against the aforesaid order has moved before Hon'ble Supreme

Patna High Court CR. MISC. No.30801 of 2019(2) dt.15-05-2019 2/2 Court by SLP (Cri.)No. 8089 of 2018 (11A) which was also dismissed. He further submits that petitioner is ready to make payment of the amount in installment to the complainant. This Court feels that aforesaid submission is good ground for grant of regular bail.

This Court does not find any new ground to consider anticipatory bail application of the petitioner since anticipatory bail of the petitioner was earlier rejected by this Court on merit Prayer of the petitioner for grant of anticipatory bail stands rejected.

Petitioner is directed to surrender in the court below within a period of four weeks and make prayer for regular bail. He may take plea at the time of surrender that he is ready to make payment of amount to the complainant in installment, which shall be considered by the court below in accordance with law on the same day.

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