Patna High CourtCR. MISC./14778/2016disposed

Bhola Patel v. The State Of Bihar

2017-04-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14778 of 2016 Arising Out of PS.Case No. -156 Year- 2011 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Patel S/o Lal Bahadur Patel @ Lal Bahadur Prasad R/o vill. - Hajama Tola, P.S. Raxual ( Haraiya O.P. ) Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Indu Kri.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2017 Heard learned counsel for the parties.

The present application has been filed by the petitioner to renew his prayer for anticipatory bail in a Piprakothi P.S. Case No. 156 of 2011 pending in the court of learned CJM, Motihari, East Champaran, registered under sections 396,201,120B and 412 of the IPC on the ground that the petitioner has recently underwent open heart surgery.

The prosecution case is that on recovery of dead body of two persons from a sugarcane field, the FIR was registered against unknown by the informant being Chaukidar of village Harpur in the District of East Champaran. It appears from the impugned order that the chargesheet was submitted against the

Patna High Court Cr.Misc. No.14778 of 2016 (2) dt.12-04-2017 2/2 petitioner under sections 396,201,120B and 412 of the IPC declaring the petitioner as absconder.

In the above circumstances, the earlier application for anticipatory bail was disposed of vide order dated 13.7.2015 passed in Cr. Misc. No. 25318 of 2015 with a liberty to the learned court below to consider the prayer of the petitioner for regular bail if the petitioner surrenders within a period of six weeks. Considering the nature of accusation and the fact that chargesheet was submitted declaring the petitioner absconder, this Court is not inclined to revise the earlier order. However, keeping in view the medical ground, the period of surrender of the petitioner is hereby extended by further six weeks from today. This application is, accordingly, disposed of. (Dinesh Kumar Singh, J) Anil/- U T