Patna High CourtCR. MISC./33773/2019disposed

Hasnain Rai v. The State Of Bihar

2019-07-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33773 of 2019 Arising Out of PS. Case No.-372 Year-2013 Thana- MAJHAULIA District- West Champaran ====================================================== HASNAIN RAI Son of Late Yogendra Rai Resident of Village- Nautan Khurd P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsels for the parties.

The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences under Sections 406,420,467,468 and 471/34 of the IPC.

The prosecution case is that the petitioner received Rs.4,50,000/- from the informant for providing employment in Indian Railways. Subsequently, the joining letter was given by the petitioner, was found forged at the time of joining. Earlier anticipatory bail application of the petitioner was disposed of with a liberty to the learned Court below to consider the prayer of the petitioner for regular bail. Now, the prayer for anticipatory bail is being renewed on the ground that the entire due amount has been returned and both sides have resolved the

Patna High Court CR. MISC. No.33773 of 2019(2) dt.31-07-2019 2/2 issue and have filed a petition to that effect (Annexure3) before the learned Court below.

Considering the fact that earlier application for anticipatory bail was disposed of vide order dated 21.9.2015 whereas the present application has been registered 21.5.2019, i.e., after four years, this Court is not inclined to interfere. This application is, accordingly, dismissed. However, keeping in view the fact that the issue has been resolved between the parties, let the learned court below consider the prayer of the petitioner for regular bail, if possible on the same day, in case he surrenders within a period of six weeks in connection with Majhaulia P.S. Case No. 372 of 2013 pending in the Court of the learned CJM, Bettiah, West Champaran.

(Dinesh Kumar Singh, J) anil/- U