Patna High CourtCR. MISC./21022/2017disposed

Shailendra Jha v. The State Of Bihar

2017-06-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21022 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Shailendra Jha, son of Late Satanarayan Jha, resident of VillageDumarwana, P.S.- Bairganiya, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for pre-arrest bail which was dismissed as withdrawn by order dated 15.03.2017 passed in Cr. Misc. No. 4616 of 2017, on the ground that coaccused Dharmendra Kumar Jha has been allowed pre-arrest bail vide order dated 11.04.2017 passed in Cr. Misc. No. 5655 of 2017 and as such the petitioner deserves sympathetic consideration. Further other co-accused, namely, Birendra Jha, Dhirendra Jha and Jitendra Jha have been allowed regular bail vide Cr. Misc. No. 3639 of 2017 by order dated 21.03.2017.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

Patna High Court Cr.Misc. No.21022 of 2017 (2) dt.28-06-2017 2/2 In the facts and circumstances as stated above, the petitioner is again directed to surrender in the court of the Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 239 of 2016 within six weeks and then his prayer for regular bail shall be considered on its own merits considering that co-accused Birendra Jha, Dhirendra Jha and Jitendra Jha have been allowed regular bail and co-accused Dharmendra Kumar Jha has been allowed pre-arrest bail, without being prejudiced by this order and if possible the bail petition shall be considered on the same day.

In the result, this Criminal Miscellaneous is hereby disposed of.

(Jitendra Mohan Sharma, J) Abhay/- U T