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Patna High CourtCR. MISC./24758/2018dismissed

Arjun Sahani v. The State Of Bihar

2018-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24758 of 2018 Arising Out of PS.Case No. -126 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arjun Sahani S/o Late Bishuni Sahni, R/o Vill.- Jogawaliya, Kharsal, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Madhuban P.S.Case No. 126 of 2013, G.R. No. 1093 of 2013 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

On perusal of the record, it appears that earlier prayer for anticipatory bail of the petitioner has already been rejected by the learned Sessions Judge, East Champaran at Motihari vide order dated 23.03.2018 passed in Anticipatory Bail Petition No. 643 of 2018.

From perusal of the F.I.R. and case diary, it appears

Patna High Court Cr.Misc. No.24758 of 2018 (2) dt.09-05-2018 2/2 that the petitioner-accused is named in the F.I.R. and there is inordinate delay of one day in lodging the F.I.R. Heard learned A.P.P.

Considering the above facts and circumstance of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders in the Court below within four weeks and makes prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T