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Patna High CourtCR. MISC./36948/2019dismissed

Mohibul @ Mohibul Rahman v. The State Of Bihar

2019-06-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36948 of 2019 Arising Out of PS. Case No.-167 Year-2014 Thana- MANIGACHI District- Darbhanga ====================================================== MOHIBUL @ MOHIBUL RAHMAN Son of Md. Saukat Resident of Village- Nazara Mohamada Tola, Durgapur, P.S.- Manigachhi, DistrictDarbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalit Narayan Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Manigachi P.S. Case No. 167 of 2014, disclosing offences under Sections 341, 323, 379, 498(A) and 384/34 of the Indian Penal Code.

The FIR was registered in the year 2014. No justification is forthcoming for belated filing of this application for grant of anticipatory bail, nearly five years after registration of the FIR.

It is noteworthy that the petitioner had approached the learned Sessions Judge for grant of anticipatory bail by making an application, which, too, was rejected on 27.05.2015. In the facts and circumstances of the case, the

Patna High Court CR. MISC. No.36948 of 2019(2) dt.19-06-2019 2/2 application is rejected.

However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application (Chakradhari Sharan Singh, J) HR/- U T