Sunil Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37159 of 2018 Arising Out of PS.Case No. -61 Year- 2008 Thana -JOGBANI District- ARRARIA ====================================================== Sunil Mian, s/o late Mohmad Mian, R/o Vill.- Jhokhran, Ward No. 8, P.S.- Jogbani (Bathnaha), District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate. For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jogbani P.S. Case No. 61 of 2008 instituted for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Case diary has been received.

Learned A.P.P. after looking into the case diary has submitted that process under Section 83 Cr. P.C. has already been executed which is evident from the notes of the police dated 18.6.2017 available in the case diary.

Report was called for from the court below which has been received.

From the report it appears that process under Section 82 Cr. P.C. and process of attachment has been issued by order

Patna High Court Cr.Misc. No.37159 of 2018 (4) dt.18-08-2018 2/2 dated 17.5.2016 and 6.6.2016 respectively. The investigating Officer has attached the property of petitioner pursuant to such process issued and the list of attached property has been mentioned in paragraph-73 of the case diary.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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