Patna High CourtCR. MISC./48083/2014rejected

Heera Yadav v. The State Of Bihar

2015-04-23Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.48083 of 2014 (2) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48083 of 2014 Arising Out of PS.Case No. -168 Year- 2012 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Heera Yadav Son of Satya Narayan Yadav Resident of Village - latauna Tola Nipunia, Police Station - Triveniganj, District - Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Petitioner seeks anticipatory bail in a case registered for the offences punishable under Section 47A of the Excise Act. I do not feel inclined to entertain this anticipatory bail application for the simple reason that Triveniganj P.S. Case No. 168 of 2012 was instituted on 13.12.2012. The petitioner thereafter, approached the learned Sessions Judge, Supaul by filing ABP No. 39 of 2013. The said anticipatory bail application was rejected on 20.3.2013. Despite rejection of the application for anticipatory bail by the learned Sessions Judge, Supaul, the petitioner did not surrender before the Court below nor did he approach this Court immediately thereafter. The present bail

Patna High Court Cr.Misc. No.48083 of 2014 (2) dt.23-04-2015 application has been filed on 1.12.2014.

In view of the above, this application for anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below within four weeks from today. He may seek regular bail thereafter and if he does so, the Court below shall consider the same on its own merit without being prejudiced by the rejection of the present anticipatory bail application as I have not rejected the bail application on merits.

(Chakradhari Sharan Singh, J) ArunKumar/- U