Patna High CourtCR. MISC./79467/2018dismissed

Harendra Kumar Gupta @ Harendra Gupta v. The State Of Bihar

2019-06-27Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77922 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- TEYAR District- Bhojpur ====================================================== Harendra Kumar Gupta @ Harendra Gupta Son of late Bihari Sah Resident of village - Harigaw, P.S. Jagdishpur, Distt. - Bhojpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 79467 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- TEYAR District- Bhojpur ====================================================== Harendra Kumar Gupta @ Harendra Gupta son of Late Vihari Sah resident of Village- Harigaon P.S. Jagdishpur Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 77922 of 2018) For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr. Rajeev Nayan (In CRIMINAL MISCELLANEOUS No. 79467 of 2018) For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 Both the cases, Cr.Misc.No.77922 of 2018 and Cr.Misc.No.79467 of 2018, have been filed by the same petitioner Harendra Kumar Gupta @ Harendra Gupta and when the second anticipatory bail application being Cr.Misc.No.79467 of 2018 has been filed, the matter was detected and by order dated 7.1.2019 inquiry was directed

Patna High Court CR. MISC. No.77922 of 2018(18) dt.27-06-2019 2/3 to be conducted by learned Registrar General for finding the persons who are responsible for that.

However, the Registrar General after conducting inquiry has submitted the report dated 21.6.2019 and during the inquiry the concerned Advocate of both the Cr. Misc. Applications, Oath Commissions as well as the witnesses produced on their behalf, including the mother of the petitioner, other deponent Sri Raj Kishore Sah @ Raj Kumar Sah and the petitioner have been examined and learned Registrar General has found that the petitioner Sri Harendra Kumar Gupta @ Harendra Gupta and Smt. Sipati Devi, deponent have committed fault and further Stamp Reporter Sri Pramod Kumar Verma, A.S.O. is also at fault. In such view of the matter, learned Registrar General is directed to lodge an FIR against the petitioner as well as the deponent of Cr.Misc.No. 79467 of 2018, Smt. Sipati Devi. Office is further directed to initiate a departmental proceeding against Sri Pramod Kumar Verma, Stamp Reporter, who was also found responsible for the same.

At the same time, the learned Advocate appearing

Patna High Court CR. MISC. No.77922 of 2018(18) dt.27-06-2019 3/3 in Cr.Misc.No. 79467 of 2018 is warned to be more careful in future in filing anticipatory bail application. As there is submission on behalf of the petitioner that he has already been arrested, both the applications stand dismissed with the above observation.

Learned Registrar General is also directed to keep the disposed of applications in safe custody for needful in future.

(Vinod Kumar Sinha, J) spal/- U T