Kallu Miyan @ Md. Ismail v. The State Of Bihar

Patna High Court Cr.Misc. No.34610 of 2014 (3) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34610 of 2014 Arising Out of PS.Case No. -178 Year- 2004 Thana -BANIAPUR District- SARAN ======================================================

1. Kallu Miyan @ Md. Ismail S/o Gafoor Miyan Resident of Village Katea, Police Station Bhaniapur, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nutan Mishra For the Opposite Party/s Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 19.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Taking note of this fact that petitioner is approaching to this court under section 438 of the Cr.P.C after 11 years of the occurrence, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with U.T case no. 64/2013 arising out of Baniapur P.S. case no. 178/2004 pending in the court of the Chief Judicial Magistrate, Saran at Chapra stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T