Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77597 of 2023 Arising Out of PS. Case No.-686 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Sachin Kumar Son Of Late Satdev Sah Resident Of Belwar More, Ward No.- 14, P.S. Gaunaha, District- West Champaran, Bettiah ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 504, 342 and 379 of the Indian Penal Coden read with Rule 56, 11, 41 of Bihar Mining Rule 2021 and 4/21 MM (DR) Act 1957 and also 215 of Environment Act, 1986.
3. Earlier prayer for bail of the petitioner was permitted to be withdrawn with an observation that if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for bail of the petitioner on the same day, but the petitioner has not surrendered before the learned court below and he filed the instant anticipatory bail application.
Patna High Court CR. MISC. No.77597 of 2023(4) dt.20-03-2024 2/2
4. From perusal of the materials available on record, I am not inclined to entertain the second anticipatory bail application. Accordingly, the prayer for anticipatory bail application is again rejected in connection with Sikarpur P.S. Case No. 686 of 2022.
5. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent. The learned counsel below is well advised to consider the Apex Court judgment in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.
(Anjani Kumar Sharan, J) devendra/- U T