Pintu Kumar @ Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56903 of 2017 Arising Out of PS.Case No. -142 Year- 2009 Thana -AIRPORT District- PATNA ====================================================== Pintu Kumar @ Prabhat Kumar, Son of Ramchandra Mahto @ Ramanand Mahto @ Ram Nandan Prasad, resident of village Mohanpur, P.S. Nalanda, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Sri Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Hawai Adda P.S. Case No. 142 of 2009 instituted for the offence under Sections 413, 414, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

From the order of learned Sessions Judge, it appears that prayer for anticipatory bail of the petitioner was earlier rejected by the order of Sessions Judge vide order dated 5.3.2010 passed in ABP No. 285 of 2010 but the aforesaid order was not annexed before the learned Sessions Judge and again anticipatory bail of the petitioner has been filed in the year 2017. The petitioner has not enclosed the order dated 5.3.2010 in this Court also and has submitted that the aforesaid

Patna High Court Cr.Misc. No.56903 of 2017 (3) dt.08-12-2017 2/2 order has been destroyed. It has been submitted that he has no knowledge about rejection of anticipatory bail of the petitioner by the court below vide order dated 5.3.2010 passed in ABP No. 285 of 2010. This Court is not satisfied with such submission. Therefore, seeing the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to him. The prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered/disposed off by the court below in accordance with law without being prejudiced by this order, preferably on the say day, if possible. (Sanjay Priya, J) S.Ali/- U T