Patna High CourtCR. MISC./78766/2018dismissed

Avinash Paswan @ Sukhu Paswan @ Sukhu v. The State Of Bihar

2019-01-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78766 of 2018 Arising Out of PS. Case No.-230 Year-2013 Thana- NOORSARAI District- Nalanda ====================================================== Avinash Paswan @ Sukhu Paswan @ Sukhu, s/o Binod Paswan, r/vPawapatti, P.S.-Noorsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Noorsarai P.S. Case No. 230/2013, instituted for the offences punishable under Sections 304(B), 201 and 120/34 of the Indian Penal Code.

Earlier prayer for anticipatory bail of the petitioner was rejected by order dated 22.06.2018 passed in Cr. Misc. No. 28734/2018 on merit after discussing the facts of the case. It appears that after rejection of the petition on 22.06.2018, petitioner again preferred anticipatory bail before the court below vide ABP No. 3773/2018, which has been rejected on 29.10.2018.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.78766 of 2018(2) dt.02-01-2019 2/2 that informant has filed an application before the learned Chief Judicial Magistrate, Nalanda stating therein that deceased died due to illness.

This Court does not find any new material in the instant bail petition. Therefore, prayer for anticipatory bail of petitioner is again rejected.

Petitioner is directed to surrender in the court below within six weeks from the date of receipt of this order and pray for regular bail, which shall be considered by the court below in accordance with law without being prejudiced by this order. The court below shall dispose off the bail petition of the petitioner preferably on the same day.

(Sanjay Priya, J) rakhi/- U T