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Patna High CourtCR. MISC./59702/2023disposed

Prem Prakash @ P.P. v. The State Of Bihar

2023-12-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59702 of 2023 Arising Out of PS. Case No.-511 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Prem Prakash @ P.P. S/O- Surendra Kumar Singh Village- Sathkodariya PsK. Nagar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2023 Heard Mr. Praveen Kumar Agrawal, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner had come up before this Court vide Cr. Misc. No. 14613 of 2021 seeking anticipatory bail which was rejected vide order dated 04.01.2022. Thereafter the final report false was submitted. Later, differing with the police report, cognizance has been taken in the case.

3. Hence, the requirement of filing a fresh petition.

4. In any view of the matter, this Court is not

Patna High Court CR. MISC. No.59702 of 2023(3) dt.08-12-2023 2/2 inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. Should he surrender before the court below and seek bail, his application shall be considered on its own merits without being prejudiced by the fact that the present petition has not been allowed and that the police in the first instance had found the accusation against the petitioner to be untrue. The court below in that case shall pass a reasoned order on the surrender of the petitioner.

7. The petition stands disposed of accordingly. (Ashutosh Kumar, J) krishna/- U T