Patna High CourtCR. MISC./4160/2018dismissed

Tribhuwan Yadav v. The State Of Bihar

2018-02-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4160 of 2018 Arising Out of PS.Case No. -142 Year- 1997 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Tribhuwan Yadav, S/o Bineshwar Yadav, R/v Parshahi, P.S.- Triveniganj, Distt.- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party/s : Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Triveniganj P.S. Case No. 142 of 1997 instituted for the offence under Sections 147, 148, 149, 452, 380, 323, 428, 427 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that matter has already been compromised between the parties and a compromise petition has also been filed in the court below. The police after investigation submitted final form but cognizance has been taken by the learned court below after passing of the order in Cr. Revision No. 16 of 1994 for the offence under Section 395 of the Indian Penal Code. Learned counsel for the petitioner has pointed out Anexure-3 which is compromise petition filed between the parties in the court below. The learned Sessions Judge has mentioned in the

Patna High Court Cr.Misc. No.4160 of 2018 (3) dt.19-02-2018 2/2 impugned order that earlier prayer for anticipatory bail by the court below was rejected in the year 2002.

From the impugned order it appears that earlier prayer for anticipatory bail of the petitioner was rejected by the court below in the year 2002 vide order dated 8.10.2002 passed in A.B.A. No. 60 of 2002. It is mentioned in the impugned order that cognizance was taken in the case on 20.11.2000 but the petitioner is avoiding arrest. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order and the court below will consider the prayer for bail of the petitioner on the same day, in accordance with law.

(Sanjay Priya, J) S.Ali/- U T