Patna High CourtCR. MISC./13797/2015disposed

Robert Lalchungnunga Chongthu @ R.L. Chongthu v. The State Of Bihar And ORS

2016-04-27Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13797 of 2015 Arising out of P.S. Case No. - 112 Year - 2005 Thana - SAHARSA District - SAHARSA ====================================================== Robert Lalchungnunga Chongthu @ R.L. Chongthu, S/o Late Rokunga Chongthu, Resident of Rosalina, Nongrimbah Road, Laitumkhrah, Shillong, Meghalaya and at present at Commissioner's residence Bhagalpur, Police Station - Adampur, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. The Sub Divisional Police Officer (HO), District - Saharsa

3. The Station Head Officer, Police Station - Sadar, District - Saharsa .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Shri Kanhaiya Prasad Singh, Sr. Advocate Shri Sanjeev Kumar, Advocate For the Opposite Party : Shri Shailendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case registered under Sections 109, 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Section 30 of the Arms Act in connection with Saharsa Sadar P.S. Case No. 112 of 2005 pending in the Court of learned Chief Judicial Magistrate, Saharsa. Learned counsel for the petitioner submits that the First Information Report was lodged on which the investigation proceeded and final form was submitted on 13.04.2006 which was accepted by the Court below. However, subsequently, on the petition for re-investigation an order was passed on 19.05.2009 for

Patna High Court Cr.Misc. No.13797 of 2015 (4) dt.27-04-2016 2/2 further investigation under Section 173(8) of the Cr.P.C. and since then the investigation is pending and no charge/final form has been submitted as yet. He further submitted that there is nothing in the case diary against the petitioner.

Learned counsel for the State does not controvert the submissions made by the learned counsel for the petitioner. Hence, having regard to the facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 02.09.2015 is hereby confirmed.

Kundan (Gopal Prasad, J) U T