Subodh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44204 of 2021 Arising Out of PS. Case No.-2339 Year-2012 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SUBODH KUMAR RAI S/O SHRI BALESHAWAR RAI RESIDENT OF MOHALLA-BIGIGANJ, RAILWAY COLONY, Q. NO. G-569/F, P.SSADAR, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHANDRAJEET S/O SATEYADEO YADAV R/O VILLAGE-AHIYAPUR, P.S-AHIYAPUR, DISTRICT-MUZAFFARPUR.

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2339 of 2012, Tr. No. 430 of 2017 for the offence registered under Section 406 of the Indian Penal Code and Section 138 of the N.I. Act.

At the outset, the learned counsel for the petitioner has submitted that the matter has been amicably settled with the opposite party no. 2 and a draft of a sum of Rs. 2,25,000/- has already been handed over to the opposite party no. 2, thus the petitioner should be granted the privilege of anticipatory bail. This Court finds that though a notice was issued to the opposite party no. 2 , however, there is no appearance on behalf

Patna High Court CR. MISC. No.44204 of 2021(3) dt.01-12-2021 2/2 of the opposite party no. 2, hence this Court deems it fit and proper to relegate the petitioner to the remedy of filing an anticipatory bail petition before the learned court below in connection with Complaint Case No. 2339 of 2012 (Tr. No. 430 of 2017), pending before the learned Court of A.C.J.M., Muzaffarpur and in case such a petition is filed, the learned court below shall verify the averments made by the learned counsel for the petitioner regarding compromise having taken place in between the petitioner and the opposite party no. 2 and accordingly take a call with regard to grant or non-grant of anticipatory bail to the petitioner herein. It is needless to state that earlier rejections of the anticipatory bail petitions of the petitioner shall not prejudice the learned Court below while considering the anticipatory bail petition of the petitioner afresh. The present petition stands disposed off with aforesaid observation and direction.

It is needless to say that for a period of six weeks from today, no coercive action shall be taken against the petitioner.

(Mohit Kumar Shah, J) S.Sb/- U T