Patna High CourtCR. MISC./1017/2017disposed

Rahul Kumar Pani v. State Of Bihar And ANR

2017-02-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1017 of 2017 Arising Out of PS.Case No. -714 Year- 2012 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Rahul Kumar Pani, son of Late Satish Prasad Choudhary, Resident of Mohalla - Hathsarganj, Post & P.S. - Hajipur Town, District - Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Kumar, S/o Rajdeo Rai, Village & P.O. - Naya Tola Dighi Kala, P.S. - Hajipur Sadar, District - Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Shukla, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 406 and 420 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that earlier petitioner was granted anticipatory bail vide order dated 10.02.2014 passed in Cr Misc. no. 42569 of 2013 but he could not appear in the court below due to the fact that he met with an accident and after recovery he moved before this Court for grant of anticipatory bail. There is no deliberate delay or laches on the part of the petitioner.

Patna High Court Cr.Misc. No.1017 of 2017 (3) dt.15-02-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected. However, petitioner is directed to surrender in the court below, i.e., learned Chief Judicial Magistrate, Vaishali, Hajipur , in connection with Complaint Case no. 714 of 2012 and make prayer for regular bail which will be considered by the court below taking into account all aspects of the matter that earlier he was granted anticipatory bail and due to accident he could not appear without being prejudiced by the order of this Court. With this observation this application stands disposed of.

(Vinod Kumar Sinha, J) sudip/- U T