Patna High CourtCR. MISC./16254/2016rejected

Pawan Kumar And ORS v. The State Of Bihar

2016-05-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16254 of 2016 Arising Out of PS.Case No. -727 Year- 2011 Thana -HAJIPUR District- VAISHALI (HAJIPUR) ======================================================

1. Pawan Kumar

2. Sushil Kumar

3. Manish Kumar All sons of Rajendra Ram, resident of Village- Husena Khurd P.S. Bhawanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Anuradha Singh, Advocate. For the Opposite Party/s : Mr. U.L.Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2016 Heard both sides.

The petitioners apprehend their arrest in a case under Sections 406, 420, 467, 468, 471/34, 120B of the Indian Penal Code.

The petitioners are alleged to have taken money from the informant. The father of the petitioners was an agent of Sahara India and he took money from the informant on the pretext of depositing the same but no money was returned. It is submitted that the case was compromised and on the basis of the compromise, co-accused Suman Kumar was granted bail, but it appears that the anticipatory bail of the petitioner was rejected by the learned court below on 26.03.2012 vide order passed in A.B.P. No. 1983/2011. The petitioners again moved for anticipatory bail

Patna High Court Cr.Misc. No.16254 of 2016 (2) dt.03-05-2016 2/2 only after more than four years of rejection of his earlier Anticipatory Bail Petition.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Hajipur Town P.S. Case No. 727 of 2011. Accordingly, the same is rejected. The petitioners, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioners without being prejudiced by this order.

(Prabhat Kumar Jha, J) Dilip/- U T