Patna High CourtCR. MISC./7139/2016disposed

Shiv Dayal Singh v. The State Of Bihar

2016-02-17Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7139 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -FATUHA District- PATNA ====================================================== Shiv Dayal Singh Son of Late Yadu Singh Resident of Village Baruna P.S. Fathuha District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha, Advocate For the Opposite Party/s : Mr. Nirmala Kumari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner had earlier moved for anticipatory bail in Cr. Misc. No. 41544 of 2015, which was permitted to be withdrawn on 07.10.2015. Again he has filed the present petition for grant of anticipatory bail.

Learned court below had rejected the anticipatory bail petition, as petitioner had suppressed the fact that he is accused in connection with Fatuha P.S. Case No. 195 of 2011. Petitioner in this application has mentioned three cases in which he has been made accused, as is evident from paragraph 3 of this application, bearing Fatuha P.S. Case No. 7302 of 2013, Fatuha P.S. Case No 271 of 2002 and Fatuha P.S. Case No 195 of 2011.

Patna High Court Cr.Misc. No.7139 of 2016 (2) dt.17-02-2016 2/2 Under such circumstances, since the petitioner has not disclosed before the court below and earlier before this Court the number of cases pending against him, he is directed to avail his remedy before the learned court below in connection with Fathuha P.S. Case No. 153 of 2015 pending in the court of Shri P.K. Ratan, learned Judicial Magistrate, 1st Class, Patna City and his prayer for anticipatory bail will be considered by the learned court below in the light of the fresh materials brought on record. This application is, accordingly, disposed of. (Nilu Agrawal, J.) Arjun/- U T