Abhay Prasad @ Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42260 of 2016 Arising Out of PS.Case No. -129 Year- 2006 Thana -GHOSI District- JEHANABAD ======================================================

1. Abhay Prasad @ Abhay Singh S/o Baban Sharma Resident of Village - Kokarsa, P.S. Hulasganj, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ghoshi (Hulasganj) Police Station Case No. of 2006, disclosing offences under Sections 307/302/201/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Learned Counsel appearing on behalf of the petitioner has submitted that the Police, upon completion of investigation, had submitted a report showing that the petitioner as not involved in commission of offence. However, in course of trial, on the basis of evidence adduced, the petitioner was summoned under Section 319 of the Code of Criminal Procedure, 1973. The said notice was issued in the year 2009. It also transpires that the

Patna High Court Cr.Misc. No.42260 of 2016 (2) dt.05-10-2016 2/2 petitioner has, subsequently, been declared absconder. Since the petitioner has been declared absconder in the said case, this application for anticipatory bail cannot be entertained, in the light of the Supreme Court's decision, in the case of Lavesh vs. State (NCT of Delhi), reported in (2012) 8 SCC 730. Learned Counsel for the petitioner has assured that henceforth, the petitioner shall regularly appear before the Court below as and when required.

Considering the above submission, it is directed that if the petitioner appears before the Court below within a period of four weeks from today and seeks regular bail, his application shall be considered on its own merits without being prejudiced by the present order.

The Court below, while considering the petitioner's application for regular bail, may also consider the assurance/undertaking which is being given to this Court on behalf of the petitioner that he shall appear on each and every date before the Court below at the trial. This application stands accordingly disposed of. (Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √