Baijnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17220 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MEHDIGANJ District- PATNA ====================================================== Baijnath Prasad, Son of Late Ramdeo Prasad, resident of Mohalla- Deep Nagar Colony, Road No. 5, P.S. Mehandiganj, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-04-2017 The applicant apprehends his arrest in a case registered vide Mehandiganj P.S. Case No. 02 of 2017 for various offences under Sections 293, 294, 354, 436, 385, 504 and 34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate, Patna City, Patna.

The applicant herein, Baijnath Prasad, had earlier filed an application under Section 438 Cr. P.C. before the learned Sessions Judge, Patna, in A.B.P. No. 490 of 2017 and the order rejecting his bail on 20.02.2017 goes to show that except contending that there was delay in lodging of the F.I.R., no other evidences were available on the contrary after taking note of the statement of the witnesses examined during the investigation supporting the allegations made by the informant, anticipatory bail

Patna High Court Cr.Misc. No.17220 of 2017 (6) dt.17-04-2017 2/2 application of the applicant was dismissed and he was directed to surrender before the court below and seek regular bail. Even though the order was passed on 20.02.2017 and about two months are going to over but it seems that the applicant has neither surrendered nor made any step for seeking regular bail. Taking note of the reasons that the learned Sessions Judge has rejected bail of the applicant, the material available on record based on the statement of the witnesses recorded at the time of investigation, we see no reason to make indulgence in the matter for grant of anticipatory bail to the applicant Baijnath Prasad. Accordingly, this application for grant of anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders in the court below then the court below shall consider the bail application of the petitioner and pass appropriate order within reasonable time without being influenced by dismissal of this application. (Rajendra Menon, CJ) (Sudhir Singh, J) U.K./- U T