Patna High CourtCR. MISC./926/2016rejected

Rakesh Gahalaut v. The State Of Bihar

2016-02-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.926 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Rakesh Gahalaut, son of Late Jagdish Prasad Singh, Resident of villageDharam Pipra, P.O.- Kakila, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Madan Jeet Kumar For the Opposite Party : Mr. Smt. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 166 of 2015, registered under Sections 409, 420 of the Indian Penal Code, pending in the Court of Sri Navin Kumar Srivastava, Judicial Magistrate, 1st Class, Bhojpur at Ara.

Learned counsel appearing on behalf of the petitioner submits that the prayer for anticipatory bail of the petitioner has already been rejected by this court on 07.12.2015 passed in Criminal Miscellaneous No. 50562 of 2015 on merit and petitioner again renewed his prayer for anticipatory bail with contention that the petitioner is ready to return Rs. 7,38,000/-,

Patna High Court Cr.Misc. No.926 of 2016 (2) dt.17-02-2016 2/2 which is said to be defalcated by the petitioner. Since the prayer of the anticipatory bail of the petitioner has already been rejected by this Court on its merit, I do not find any reason to entertain the anticipatory bail application afresh.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner, above named, accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) manish/- U T