Patna High CourtCR. MISC./34063/2018dismissed

Zohair Anwar @ Juhair Anwar v. The State Of Bihar

2018-07-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34063 of 2018 Arising Out of PS.Case No. -117 Year- 2016 Thana -RAHIKA District- MADHUBANI ====================================================== Zohair Anwar @ Juhair Anwar, Son of Md. Akhtar Hussain, Resident of Village- Usrahi Kabargah Chowk, P.S. Deodha District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Soni Srivastava, Advocate. Mrs. Abhishek Anand, Advocate.

Mrs. Madhavi Kumari, Advocate.

For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rahika P.S. Case No. 117 of 2016, G.R. No. 2130 of 2016 instituted for the offence under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no recovery from possession of the petitioner. The recovery has been made from Sunil Kumar Choudhary who was arrested by the police. Sunil Kumar Choudhary has disclosed the name of the petitioner.

Case diary has been received.

Learned A.P.P. after looking into the case diary has

Patna High Court Cr.Misc. No.34063 of 2018 (3) dt.13-07-2018 2/2 submitted that process under Section 83 Cr. P.C. has already been executed against the petitioner as mentioned in paragraph-83 of the case diary. Police has submitted charge sheet against coaccused Sunil Kumar Choudhary showing the petitioner as absconder.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below on its own merit without being prejudiced by this order, if possible on the same day.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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