Patna High CourtCR. MISC./42117/2016disposed

Sanjeev Kumar @ Vikash Kumar v. The State Of Bihar

2016-10-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42117 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Sanjeev Kumar @ Vikash Kumar son of Birendra Yadav @ Bijendra Yadav resident of Village- Gerwah, P.S.- Saharsa Sadar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This is second application, for grant of anticipatory bail, arises out of Bihra Police Station Case No. 07 of 2016, disclosing offences under Sections 366A and 376D of the Indian Penal Code, basically on the ground that the main accused has been granted anticipatory bail by an order, dated 10.08.2016, passed in Criminal Misc. No. 19230 of 2016, subsequent to rejection of anticipatory bail application of the present petitioner by an order, dated 19.05.2016, passed in Criminal Misc. No. 22175 of 2016. Learned Counsel for the petitioner submits that the case of the petitioner is on better footing. Without commenting as to whether the second

Patna High Court Cr.Misc. No.42117 of 2016 (2) dt.04-10-2016 2/2 anticipatory bail application should be entertained or not, in the facts and circumstances of the case, I direct that if the petitioner appears before the Court below within a period of six weeks from today and seeks regular bail, his application shall be considered and decided on the same day. While deciding the petitioner's application for grant of regular bail, the Court below shall keep in mind the order of this Court, dated 10.08.2016, passed in Criminal Misc. No. 19230 of 2016, whereby co-accused Mohra Yadav @ Lalmohar Yadav has been granted anticipatory bail. With this direction and observation, this application stands disposed of.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √