Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40301 of 2019 Arising Out of PS. Case No.-106 Year-2017 Thana- UJIYARPUR District- Samastipur ====================================================== GAUTAM KUMAR Son of Late Ram Sagar Mahto Resident of Village - Narepur, Bank Bazar, Ward No. 7, P.O. and P.S.- Bachhwara, District - Begusarai, presently posted as Assistant Teacher, Upgraded Middle School, Satanpur, Bahdura, Block and P.S. - Ujiyarpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar Jha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-08-2019 At the very outset learned APP invites reference to the order of the learned Sessions Judge from which its transpires that the petitioner's case for anticipatory bail has not been considered on merits rather the same has been dismissed for non-prosecution in view of non-representation of the petitioner on two dates.

2. In the above circumstances, this Court is not inclined to consider the petition for grant of anticipatory bail, which is dismissed with the observation that the petitioner shall be at liberty to approach the learned Court below for consideration of such prayer afresh on merits.

(Vikash Jain, J) Chandran/- U