Ram Narayan Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.24305 of 2015 (6) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24305 of 2015 Arising Out of PS.Case No. -319 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== Ram Narayan Sharma, Son of Late Ramdeep Sharma, R/o VillageBhikhanpura, P.S.-Konch, Distt.- Gaya at present residing north of the Gandhi Maidan above Axis Bank Civil lines, Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner, informant and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bodh Gaya (Cherki) P.S. Case No. 319/13 of 2013 registered for the offences punishable under Section 302, 120(B)/34of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the prayer for anticipatory bail of the petitioner was earlier rejected by a Bench of this Court and the matter traveled up to the Hon'ble Supreme Court, where an opportunity was given to the petitioner to approach this Court for appropriate relief. The Hon'ble Apex Court also declined to interfere with the order which was sought to be assailed.

Patna High Court Cr.Misc. No.24305 of 2015 (6) dt.12-10-2015 Considering the entire gamut of circumstances as also the fact that the petitioner claims to be a disabled persons and taking note of this fact that the present application is a second anticipatory bail application under Section 438 Cr.P.C., which is not maintainable and accordingly, the same is thus, dismissed being not maintainable.

However, if the petitioner surrenders and seek regular bail within a period of four weeks from the date of communication of this order, the Court below may consider the regular bail application of the petitioners without being prejudiced by the present order on the same day. It is also directed that the learned Court Below should first verify the extent of the disability of the petitioner before passing necessary orders on his regular bail application.

(Anjana Mishra, J) Jagdish/- U T