Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72445 of 2018 Arising Out of PS. Case No.-53 Year-2016 Thana- DANIYAWAN District- Patna ====================================================== Shankar Paswan, Son of late Nande Paswan @ Nandlal Paswan, Resident of Village-Barkewai, P.S. Shahjhanpur District-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arjun Prasad, Advocate.

For the Opposite Party :

Mr. Nityanand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 149, 290, 341, 323, 504, 337, 353, 307, 435 and 427 of the IPC. The petitioner was granted anticipatory bail vide order dated 20.04.2017 passed in A.B.P. No. 2014 of 2017 by learned Sessions Judge, Patna and he was directed to surrender and furnish bail bond in the learned court below within one month of communication of the order i.e., 20.04.2017 but due to some reason, he could not surrender and furnish bail bond within stipulated time as granted by the learned court below. Thereafter, the petitioner had filed an application for extension of time for surrendering and furnishing bail bonds in the learned

Patna High Court Cr.Misc. No.72445 of 2018(2) dt.06-12-2018 2/2 court below. The said modification application was also heard and rejected by learned court below vide order dated 11.10.2018 passed in A.B.P. No. 2014 of 2017 on the ground that the application for extension of time was filed after much delay i.e., more than one and half years.

Considering the conduct on the part of the petitioner, I am not inclined to entertain the present anticipatory bail application. The same is rejected in Daniyawan P.S. Case No. 53 of 2016, pending in the court of learned J.M. Ist Class, Patna City.

Anyhow, the petitioner is directed to surrender and pray for regular bail in the learned court below which shall be considered and disposed of on its own merit without being prejudiced by this order of the Court taking into account that earlier on merit the petitioner was granted anticipatory bail by the learned court below on 20.04.2017 passed in A.B.P. No.2014 of 2017.

With the aforesaid directions and observations, the present application stands disposed of.

U.K./- (Sudhir Singh, J) U T