Amit Chauhan @ Amit Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17860 of 2016 ====================================================== Amit Chauhan @ Amit Kumar Chauhan son of Deep Narayan Chauhan, Resident of village- Bairi Rahika, P.S.- Katihar, District- Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Md. Susowir, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner seeks restoration of Cr. Misc. No. 13700 of 2016, which was dismissed for want of prosecution on 04.04.2016. It has been contended by the learned counsel for the petitioner that on 04.04.2016, he had fallen ill as a result of which he could not attend the Court.

Regard being had to the submissions made at the Bar, the prayer is allowed.

Cr. Misc. No. 13700 of 2016 is restored to its original file.

Patna High Court Cr.Misc. No.17860 of 2016 (2) dt.27-04-2016 2/2 Cr. Misc. No. 13700 of 2016 Since this application has been restored today itself, the same has been heard on merits.

The petitioner seeks pre-arrest bail in connection with Katihar Muffasil P. S. Case No. 185 of 2012 registered under Sections 341, 323, 379, 447, 448/34 of the Indian Penal Code.

Regard being had to the accusation made against the petitioner that he along with other co-accused persons entered into the shop of the informant and snatched away Rs.20,435/- from the cash box after assaulting the informant, I am not inclined to grant him pre-arrest bail. Accordingly, his prayer for grant of pre-arrest bail is rejected. However, in case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J.) Kanchan/- U T