Santosh Choudhary @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22744 of 2018 Arising Out of PS.Case No. -1 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Santosh Choudhary @ Santosh Kumar, S/o Munsi Lal Choudhary, R/o Mohalla- Bagmali P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was dismissed as withdrawn by this Court, vide order dated 20.4.2017 passed in Cr. Misc. No.17021 of 2017 with liberty to the petitioner to surrender before the court below and make prayer for regular bail, however again a petition has been filed for grant of anticipatory bail, stating that earlier the anticipatory bail was not maintainable, as such he had withdrawn the same. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as earlier the petitioner prayed to withdraw his application one year prior and he has not surrendered up-till-now, as such I am not inclined to grant privilege of

Patna High Court Cr.Misc. No.22744 of 2018 (2) dt.19-04-2018 2/2 anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below and make prayer for regular bail within a period of six weeks from the date of receipt of the order, which shall be considered on his own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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