Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72348 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Dhirendra Kumar, son of late Anandi Prasad Singh, resident of Sanjay Gandhi Nagar, Kali Mandir Road No. 9, Hanuman Nagar, P.S. Patrakar Nagar, District- Patna, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s with Criminal Miscellaneous No. 72349 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Rajesh Kumar, son of late Ganga Prasad, resident of 9, Galaxy Apartment-I, Road No. 3, New Patliputra Colony, P.S. Patliputra, District- Patna, Bihar. ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 72348 of 2018) For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP (In Criminal Miscellaneous No. 72349 of 2018) For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 09-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Nawa Nagar P.S. Case No.29 of 2018 instituted for the offence under Section(s) 409, 420, 120-B, 120-B, 201/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Buxar. Earlier, the petitioners, after argument, had withdrawn their anticipatory bail applications by order dated 16.07.2018 passed in Cr. Misc. No.27109 of 2018 with Cr. Misc. No.26126

Patna High Court Cr.Misc. No.72348 of 2018(4) dt.09-01-2019 2/2 of 2018. Accordingly, earlier anticipatory bail applications were dismissed as withdrawn and petitioners were directed to surrender in the Court below and make prayer for regular bail. Now, the petitioners have, again, filed anticipatory bail applications and want to argue the case on merit. They have, now, pointed out Annexure-9 and 14.

This Court cannot allow the petitioners to blow hot and cold at the same time.

This Court is of the view that all the points, which have been taken now, can be taken before the Court below at the time of hearing of regular bail applications. In such circumstances, this Court is not inclined to enlarge the petitioners on anticipatory bail. Prayer of the petitioners for grant of anticipatory bail is, again, rejected.

The petitioners are directed to surrender before the Court below within six weeks from the date of receipt of copy of this order and make prayer for regular bail, which shall be considered and disposed off in accordance with law, preferably on the same day, without being prejudiced by this order. (Sanjay Priya, J) J. Alam/ U