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Patna High CourtCR. MISC./68529/2018rejected

Nandu Chaudhary v. The State Of Bihar

2018-12-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68529 of 2018 Arising Out of PS. Case No.-238 Year-2010 Thana- RAMNAGAR District- West Champaran ====================================================== Nandu Chaudhary Son of Chandrika Chaudhary Resident of Village-Bargo (Dhus Tola), P.S. Ramnagar, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ramnagar P. S. case no. 238/2010 registered under sections 302,120B/34 of the IPC and 27 of the Arms Act. Earlier prayer for anticipatory bail of the petitioner was rejected by a co-ordinate bench of this court vide order dated 6.7.2015 passed in Cr. Misc. no. 46069/2014 but submission on behalf of the petitioner is that at the time of consideration of Cr. Misc. no. 46069/2014, this fact could not have been placed that the informant in sessions trial no. 547/2011 admitted that she had not seen any person committing the alleged crime. The order dated 6.7.2015 passed in Cr. Misc. no.

Patna High Court Cr.Misc. No.68529 of 2018(2) dt.13-12-2018 2/2 46069/2014 goes to show that anticipatory bail prayer of the petitioner was rejected with direction to him to surrender and pray regular bail before the court but in spite of the aforesaid direction, the petitioner evaded his arrest for near about three years and up till now, he has not surrendered. Moreover, merit of the case has already been considered by this court in Cr. Misc. no. 46069/2014. I do not find any new ground to reconsider prayer for anticipatory bail of the petitioner. Accordingly, this anticipatory bail stands rejected. (Hemant Kumar Srivastava, J) s.hassan/- U T