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Patna High CourtCR. MISC./31555/2014dismissed

Rajendra Singh v. The State Of Bihar

2015-01-21Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31555 of 2014 Arising Out of PS.Case No. -133 Year- 2003 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Rajendra Singh S/o Late Chaitradhari Singh R/o village- Bhore, P.S.- Bhore, Distt.- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 21-01-2015 Heard the learned counsel for the petitioner and the learned A.P.P.

This anticipatory bail application has been filed by the petitioner who is a retired employee of the police department seeking anticipatory bail in connection with Kudra P.S. Case No. 133 of 2003 for the offences under Sections 409, 467, 471 and 420 of the Indian Penal Code.

It has not been disputed that the F.I.R. has been lodged on 23.11.2003 against the petitioner on the basis of which the aforesaid case has been instituted. From the petition filed by the petitioner in the year 2007 annexed to this petition as Annexure-2 it also transpires that the petitioner is fully aware at least in the year 2007 regarding the pending case and the allegation against

Patna High Court Cr.Misc. No.31555 of 2014 (2) dt.21-01-2015 him but in spite of that he did not chose to move the court and seek appropriate protection. The present anticipatory bail application has been filed on 24.07.2014 after the rejection of the prayer of the petitioner by the learned Sessions Judge on 29.04.2014.

From the facts stated in the bail application as well as after considering the submission there is demonstrably inordinate delay in filing this anticipatory bail application and there is no reasonable explanation for the same.

This Court, therefore, is not inclined to grant anticipatory bail as prayed by the petitioner who may surrender before the court below and seek regular bail, if so advised. The prayer of the anticipatory bail of the petitioner is rejected in connection with Kudra P.S. Case No. 133 of 2003 pending in the court of the learned Chief Judicial Magistrate, Kaimur (Bhabhua).

(V. Nath, J.) Devendra/- U T