Patna High CourtCR. MISC./29027/2015rejected

Rajesh Kumar Thakur @ Rajesh Thakur v. The State Of Bihar

2015-07-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29027 of 2015 Arising Out of PS.Case No. -176 Year- 1999 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Rajesh Kumar Thakur @ Rajesh Thakur Son of Late Baccha Prasad, Resident of Village - Sariyatpur, P.S. - Pipra, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 176 of 1999 registered for the offences punishable under Sections 323, 341 of the Indian Penal Code and Sections 25(1-B), 26, 27 of the Arms Act.

Taking into consideration that petitioner has already been declared absconder by the court below, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Saraiya P.S. Case No. 176 of 1999 pending in the court of Sri Anand Kumar Srivastava, Judicial Magistrate 1st Class, Muzaffarpur stands rejected.

Patna High Court Cr.Misc. No.29027 of 2015 (2) dt.28-07-2015 2/2 However, if petitioner surrenders before the concerned court within four weeks from today and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order and furthermore, before passing order on regular bail application of the petitioner, the concerned court shall look into the matter as to whether petitioner was declared absconder in accordance with law or not.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T