Patna High CourtCR. MISC./33643/2017dismissed

Santosh Kumar Choudhary v. The State Of Bihar

2017-07-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33643 of 2017 Arising Out of PS.Case No. -64 Year- 2002 Thana -AURAI District- MUZAFFARPUR ====================================================== Santosh Kumar Choudhary S/o Suresh Prasad Choudhary, Resident of Village- Dumri, P.S. Katra, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Aurai P.S.Case No. 64 of 2002 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Petitioner is named in the FIR At the outset learned counsel for the petitioner has pointed out that earlier petitioner has moved this Court earlier for grant of anticipatory bail, which was rejected vide order dated 18.10.2006 passed in Cr.Misc.No. 41105 of 2006 with an observation to surrender and make prayer for regular bail. However, as the departmental proceeding of the petitioner was pending he could not surrender and in the year 2017 he was

Patna High Court Cr.Misc. No.33643 of 2017 (2) dt.20-07-2017 2/2 exonerated from the departmental proceeding and, as such, he could not surrender within the time granted by this Court and, as such, he is entitled for grant of anticipatory bail. Heard learned APP also.

Having heard both sides and in considering the fact that earlier prayer for anticipatory bail of the petitioner was rejected and he could not surrender in time, I am not inclined to grant anticipatory bail to the petitioner.

Let petitioner surrender within four weeks and pray for regular bail, which will be considered by the court below taking into consideration the submission made as above. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U