Vijay Prasad And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34048 of 2015 Arising Out of PS.Case No. -2394 Year- 2002 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Vijay Prasad Son of Late Yogendra Prasad
2. Ram Ekbal Prasad Son of Late Yogendra Prasad
3. Munna Kumar Son of Late Yogendra Prasad All resident of village - Chamanchak ( Nandlal Chhapra ), P.S. Gauri Chak, Distt. - Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nripendra Kumar Son of Late Srichand Sinha, P.S. Patbakarnagar ( Kandarbagh ), Patna - 20, Distt. - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsels for the petitioners and the State. The petitioners is apprehending arrest in a complaint case filed with accusation under Sections 423,468,471 and 120B of the Indian Penal Code.
The petitioners were declared absconders and permanent warrant of arrest was issued. The said order was challenged in revision and the revisional court though allowed the revision application but directed the petitioners to appear before the learned court below. Thereafter, instead of appearing before the learned court below the present anticipatory bail application has been filed.
Patna High Court Cr.Misc. No.34048 of 2015 (2) dt.24-08-2015 2/2 Keeping in view the fact that the complaint was filed in 2002, permanent warrant of arrest was issued but instead of appearing before the learned court below in pursuance to revisional order, petitioner filed the present application with a payer for anticipatory bail which is absolutely misconceived. Let the learned court below consider the prayer for regular bail of the petitioner. In case the petitioners fails to surrender within six weeks from today the learned court below will be at liberty to pass appropriate order for arrest of the petitioner in connection with Complaint Case No. 2394C of 2002 pending in the court of learned J.M. Ist Class, Patna.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T