Patna High CourtCR. MISC./33003/2014dismissed

Bhagwan Singh @ Pratap Singh v. The State Of Bihar

2015-02-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33003 of 2014 Arising Out of PS. Case No. -139 Year- 2008 Thana - RAMGARHWA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Bhagwan Singh @ Pratap Singh Son of Late Lal Babu Singh Resident of Village Singhasani , P.S. Ramgarhwa, District - East Champaran . .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner apprehends his arrest in Ramgarhwa P.S. Case No. 139 of 2008 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail vide order passed by the learned Sessions Judge in A.B.P. No. 66/2011 but the petitioner could not surrender due to some unavoidable circumstances. The petitioner again filed a petition for extension of time for surrendering in the court below, but the learned Sessions Judge rejected the prayer of the petitioner.

Patna High Court Cr.Misc. No.33003 of 2014 (2) dt.06-02-2015 2/2 It appears that the petitioner could not surrender in the court below for four years even though he was granted anticipatory bail.

Considering the fact that due to laches on the part of the petitioner, the petitioner did not surrender in the court below; hence, I am not inclined to enlarge the petitioner on anticipatory bail in Ramgarhwa P.S. Case No. 139 of 2008, corresponding to Trial No. 3017 of 2014. Accordingly, the same is rejected. The petitioner is directed to surrender in the court below within four weeks from today in connection with the aforesaid case and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner sympathetically, without being prejudiced by the present order, taking into account the fact that the petitioner was granted anticipatory bail by the court below in the year 2011. (Prabhat Kumar Jha, J) Dilip/- U T