Ibrahim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52253 of 2019 Arising Out of PS. Case No.-98 Year-1997 Thana- JOGAPATTI District- West Champaran ====================================================== IBRAHIM MIAN Son of Late Rasool Mian Resident of Village - Dhabelwa, P.S.- Jogpatti, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Earlier the prayer of the petitioner for grant of anticipatory bail was dismissed vide order dated 09.08.2018 passed in Cr. Misc. No. 45318 of 2018 and allegation against the petitioner and others is of indiscriminate firing resulting death of the deceased.

Submission of learned counsel for the petitioner is that the instant application has been renewed on the ground that petitioner is more than 90 years old and suffering from cancer.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that prayer of the petitioner for grant of anticipatory bail has already been dismissed once on merit, as such, I am not inclined to grant

Patna High Court CR. MISC. No.52253 of 2019(2) dt.21-08-2019 2/2 the privilege of anticipatory bail to the petitioner, however, the petitioner may surrender and pray for regular bail and the court below after considering the above submission of learned counsel for the petitioner and if necessary by constituting a medical board to assess the condition of health of the petitioner and after obtaining the report of the Medical Board, shall pass an appropriate order, without being prejudiced by the order of this Court.

This application is accordingly disposed of.

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