Patna High CourtCR. MISC./40609/2016rejected

Sanjit Thakur @ Sanjit Kumar Thakur v. The State Of Bihar

2016-09-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40609 of 2016 Arising Out of PS.Case No. -218 Year- 2011 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Sanjit Thakur @ Sanjit Kumar Thakur Son of late Vidya Sagar Thakur Resident of Village Janta Bichla tola P.S. Gaighat, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gaighat Police Station Case No. 218 of 2011, disclosing offences under Sections 467/468/406/420/471/ 472/34 of the Indian Penal Code.

I am not inclined to entertain this application for grant of anticipatory bail on the sole ground that the petitioner has approached this Court nearly 5 (five) years after lodging of the First Information Report. Learned Counsel appearing on behalf of the petitioner has submitted that on the basis of what has been alleged in the First Information Report, it cannot be said that any loss was caused to the public exchequer because

Patna High Court Cr.Misc. No.40609 of 2016 (2) dt.22-09-2016 2/2 of the conduct of the petitioner.

I do not intend to go into the merits of the allegation made in the First Information Report in the present proceeding.

This application for anticipatory bail, is hereby, rejected.

The petitioner, Sanjit thakur @ Sanjit Kumar Thakur, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

It is indicated that the Court below while considering the petitioner's application for regular bail shall keep in mind that this application has not been rejected on the merits of allegations made against the petitioner in the First Information Report.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √