Ijahar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34478 of 2019 Arising Out of PS. Case No.-188 Year-2014 Thana- DESARI District- Vaishali ====================================================== 1.
IJAHAR KHAN Son of Late Kainul Kha Resident of Village-Murauwatpur, P.S.-Desri, District-Vaishali.
2.
Munna Khan @ Md. Munna Khan Son of Ijhar Kha Resident of VillageMurauwatpur, P.S.-Desri, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :
Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Desri P.S. Case No. 188 of 2014, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code. Petitioners had approached the learned District and Sessions Judge, Vaishali in 2014 for grant of anticipatory bail, which was rejected on 12.03.2015. They have approached this Court four years after rejection of their application for anticipatory bail by learned Sessions Judge.
I do not find any plausible explanation for approaching this Court for grant of anticipatory bail more than four years after rejection of their prayer by the court below, if
Patna High Court CR. MISC. No.34478 of 2019(3) dt.17-08-2019 2/2 they had any apprehension of arrest. For the reason that the petitioners have approached this Court more than four years after rejection of anticipatory bail by the court below, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is accordingly rejected.
However, the petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.
(Chakradhari Sharan Singh, J) Rajesh/- U T