Vijay Kumar Jah @ Vijay Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69617 of 2019 Arising Out of PS. Case No.-33 Year-2008 Thana- JAMALPUR District- Darbhanga ====================================================== VIJAY KUMAR JAH @ VIJAY JHA Son of Bhairav Narayan Jha Resident of Village - Baghrasi, P.S.- Jamalpur, Distt - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Jamalpur P.S. Case No. 33 of 2008, corresponding to Trial No. 1680 of 2018, registered for the offences punishable under Sections 447, 341, 323, 324, 307 and 34 of the Indian Penal Code.
Petitioner is named in the FIR and allegation against him is that he put Gamcha around the neck of the informant and dragged him and other co-accused inflicted farsa blow on him. It further appears that the case is of the year 2008. Submission of learned counsel for the petitioner is that earlier final form was submitted but later on learned Magistrate has taken cognizance in the year 2015 and summons were issued, as such he has no knowledge about the same. Heard learned APP, who has opposed the prayer for
Patna High Court CR. MISC. No.69617 of 2019(3) dt.26-11-2019 2/2 anticipatory bail stating that earlier petitioner has knowledge about the case and his prayer for anticipatory bail was rejected by the court below in the year 2018 and in spite of that he has not surrendered and now after one year he has come for anticipatory bail before this Court.
In view of above facts and circumstances, 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 materials available on the record and, if possible, to be disposed of on the same day.
This application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T