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Patna High CourtCR. MISC./45343/2019dismissed

Dinesh Chaudhary v. The State Of Bihar

2019-07-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45343 of 2019 Arising Out of PS. Case No.-22 Year-2014 Thana- SARE District- Nalanda ====================================================== 1.

DINESH CHAUDHARY Son of late Nathun Chaudhary Resident of Village - Onda, P.S.- Sare, Distt - Nalanda.

2.

Ramesh Chaudhary Son of late Nathun Chaudhary Resident of Village - Onda, P.S.- Sare, Distt - Nalanda.

3.

Masudan Chaudhary Son of late Nathun Chaudhary Resident of Village - Onda, P.S.- Sare, Distt - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Sare P.S. Case No. 22 of 2014, disclosing offences under Sections 341, 342, 324, 326, 307, 120(B)/34 and subsequently Section 302 of the Indian Penal Code was added. There are two reasons why I am not inclined to entertain this application for grant of anticipatory bail. Firstly, the petitioners have approached this Court nearly four years after lodging of the FIR. Secondly, in the light of the decision of the Supreme Court in the case of Jay Prakash Singh Vs. State of Bihar and others, reported in (2012) 4 SCC 379, this

Patna High Court CR. MISC. No.45343 of 2019(2) dt.23-07-2019 2/2 application for grant of anticipatory bail does not deserve to be allowed.

This application is accordingly dismissed.

However, the petitioners are directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If they do so, the court below shall consider their prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T