← Library
Patna High CourtCR. MISC./58040/2017dismissed

Shambhu Yadav v. The State Of Bihar

2017-12-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58040 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -ARIYARI District- SEKHPURA ====================================================== Shambhu Yadav, Son of Late Kishun Yadav, resident of Village Pathraita P.S. Ariyari District Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bikramdeo Singh, Advocate Mr. Pankaj Kumar, Advocate.

For the Opposite Party/s : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ariyari P.S. Case No. 169 of 2016 instituted for the offence under Sections 406, 409, 419 and 420/34 of the Indian Penal Code. Prayer for anticipatory bail of the petitioner was earlier rejected by order dated 15.2.2017 passed in Cr. Misc. 5011 of 2017 (Annexure-2).

Learned counsel for the petitioner has submitted that now the petitioner has returned the amount to the farmers for which compromise petition has also been filed in the court below. This Court is not inclined to entertain second anticipatory bail application.

Therefore, prayer for anticipatory bail of the

Patna High Court Cr.Misc. No.58040 of 2017 (2) dt.06-12-2017 2/2 petitioner stands rejected.

However, the petitioner is directed to surrender before the court below and in the event the court below comes to a conclusion that compromise has taken place between the parties and money has been returned to the farmers, the court below will consider the bail application of the petitioner and pass appropriate order in accordance with law without being prejudiced by this order, preferably on the same day, if possible. (Sanjay Priya, J) S.Ali/- U T