Md. Niyamat v. The State Of Bihar

Patna High Court Cr.Misc. No.6411 of 2015 (2) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6411 of 2015 Arising Out of PS.Case No. -177 Year- 2014 Thana -BAUSI District- PURNIA ======================================================

1. Md. Niyamat Son of Md. Nazmul Hussain, resident of village - Ghuski Tola, P.S. Baisi, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Baisi P.S. case No.177 of 2014 registered under Sections 363, 366A and 120B of the Indian Penal Code, pending before the court of Sri Ran Vijay Kumar, Judicial Magistrate, 1st class, Purnea. The Petitioner was granted anticipatory bail by order dated 16.1.2015 but on condition that an affidavit would be filed on his behalf that he has fair antecedents.

Since there was one other case pending against the Petitioner, which could not be brought to the notice of this Court, the Petitioner could not derive benefit of the said order and hence the fresh application for anticipatory bail.

Since the second application for anticipatory bail is not

Patna High Court Cr.Misc. No.6411 of 2015 (2) dt.20-05-2015 maintainable, the same is disposed of with a direction to the Petitioner to surrender before the Court below, which shall consider the fact that the Petitioner on merits had been granted anticipatory bail by this Court.

(Anjana Prakash, J) Narendra/- U T