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Patna High CourtCR. MISC./68742/2019dismissed

Jitendra Kumar Singh v. The State Of Bihar

2019-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68742 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== JITENDRA KUMAR SINGH Son of Late Hans Raj Singh Resident of Village- Samas Bujurg, P.O. Samas, P.S.- Barbigha, District- Sheikhpura, the then Panchayat Secretary, Hathiyawan, Block- Sheikhpura at Present Panchayat Secretary, Sanaiya Block Ariyari, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Earlier prayer for anticipatory bail of the petitioner was rejected by this Court by order dated 1.7.2019 passed in Cr. Misc. No. 39893 of 2019 on merit after hearing both sides. Submission of learned counsel for the petitioner is that some material fact could not be brought to the notice of this Court, as such the application for anticipatory bail of the petitioner was dismissed. It has been submitted that petitioner has been transferred prior to lodging of the case and he has handed over the charge also but considering the same the case has been lodged against the petitioner. Further submission is that an undertaking of Mukhiya has also been filed showing that signature of the petitioner had been obtained on the cheque for making payment for the work done by the labours prior to his

Patna High Court CR. MISC. No.68742 of 2019(2) dt.06-11-2019 2/2 transfer.

Heard learned APP, who has opposed the prayer for anticipatory bail.

Having heard both sides and in view of the fact as stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

However, if petitioner surrenders and prays for regular bail, the same shall be considered on the basis of submission made above by the court below while disposing of the bail application of the petitioner.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T