Chandrika Ray @ Chandrika Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73025 of 2022 Arising Out of PS. Case No.-22 Year-2011 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Chandrika Ray @ Chandrika Pd. Yadav Son of Late Jagdeo Rai Resident of Village - Hussepur Panchrukhiya, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Choubey, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking pre-arrest bail in connection with Sahebganj P.S. Case No. 22 of 2011 registered for the offences under Sections 302, 34 of Indian Penal Code. The petitioner has no criminal antecedent. On perusal of the application, it appears that the petitioner had earlier moved this Court in Cr. Misc. No. 4010 of 2012 which was disposed of by this Court vide order dated 07.02.2012 with an observation that the ground raised by the petitioner can be a good ground for consideration of regular bail. This Court observed that "let the learned court below consider the regular bail of the petitioner without being prejudice by the order of this Court."

It seems that the petitioner did not surrender in this

Patna High Court CR. MISC. No.73025 of 2022(2) dt.29-04-2023 2/2 case for all these 11 years approximately and has audacity to move a fresh application after 11 years seeking the privilege of anticipatory bail.

When this Court called upon learned counsel for the petitioner to justify the filing of the second anticipatory bail application, sensing that he had no ground to show any change of circumstance, learned counsel sought permission to withdraw this application.

In the facts of the present case where this Court finds that the petitioner is not a law-abiding citizen and has been absconding in this case for about 12 years since the date of lodging of the case, while dismissing this application, this Court imposes a cost of Rs. 25,000/- upon the petitioner for wasting the judicial time of the Court by filing a frivolous application. Let the cost be deposited by the petitioner within a period of four weeks from today with the Patna High Court Legal Services Authority, failing which it will be pointed out to the Court and recovery shall be made in accordance with law. This application is dismissed.

(Rajeev Ranjan Prasad, J) tusharika/- U T