Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63556 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Mukesh Kumar

2. Sanjay Kuamr Both Sons of Subhash Mahto, R/o Village- Sadpur East, P.S.- Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioners apprehend their arrest in Sahebpur Kamal P.S. case No. 45 of 2017 under Section 323, 325, 307 and other Sections of the Indian Penal Code.

The petitioners were granted anticipatory bail by the learned Sessions Judge vide order dated 14.07.2017 passed in A.B.A. No. 718 of 2017 but the petitioners could not surrender within two weeks, as directed by learned Sessions Judge. The petitioners again filed a petition for anticipatory bail vide A.B.A. No. 1368 of 2017 and the learned Sessions Judge vide order dated 02.11.2017 dismissed the prayer for anticipatory bail on the ground that petitioners were granted anticipatory bail earlier and

Patna High Court Cr.Misc. No.63556 of 2017 (2) dt.15-01-2018 2/2 their prayer for anticipatory bail is not maintainable. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail taking into consideration that petitioners were granted anticipatory bail earlier.

(Prabhat Kumar Jha, J) BKS/- U T