Praveer Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33236 of 2018 Arising Out of PS.Case No. -207 Year- 2012 Thana - GAYGHAT District- MUZAFFARPUR ===================================== Praveer Jha, S/o Late Bindeshwar Jha resident of Village - Subash Kesho, P.S. - Gaighat, District - Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kr. @ Sanidh, Adv. For the Opposite Party/s : Mr. Amrendra Prasad, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2018 The petitioner seeks bail in anticipation of his arrest in connection with Gaighat P.S. Case No. 207 of 2012, dated 05.10.2012, instituted for the offences punishable under Sections 467, 468, 409 and 420/34 of the Indian Penal Code.
Mr. Neeraj Kumar @ Sanidh, learned Advocate appearing for the petitioner has submitted that the case was instituted in the year 2012 and the court below had rejected the anticipatory bail petition of the petitioner way-back on 26.08.2013. He has submitted that the reason for his not
Patna High Court Cr.Misc. No.33236 of 2018 (2) dt.03-07-2018 2/2 approaching this Court, after his anticipatory bail petition was rejected by the court below, was that he had suffered a paralytic attack and was not in a position to even execute the Vakalatnama. This Court has further been informed that with the improvement in the health of the petitioner, he has now executed the Vakalatnama.
Much time has elapsed since 2013, when the petition was earlier dismissed on merits.
The petitioner is given the liberty to approach the court below again and seek anticipatory bail. If at all, there has been any change in the situation, that may be brought to the notice of the court below.
If such a petition is filed on behalf of the petitioner, the court below shall look into it and pass a fresh order in accordance with the law without being prejudiced by the fact that the present petition has not been entertained and the petition of anticipatory bail of the petitioner was earlier rejected on 26.08.2013 by the court below. With aforesaid direction and observation, the present petition stands dismissed.
(Ashutosh Kumar, J) Praveen-II/- U T