Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82750 of 2024 Arising Out of PS. Case No.-15 Year-2015 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

Ajit Kumar Son of Arjun Singh Resident of Village - Indupur, P.S. - Barahiya, District - Lakhisarai 2.

Sujeet Kumar Son of Arjun Singh Resident of Village - Indupur, P.S. - Barahiya, District - Lakhisarai 3.

Manish Kumar @ Mithun Kumar @ Manish Kumar Mithun Kumar Son of of Dharmendra Singh @ Devendra Singh Resident of Village - Indupur, P.S. - Barahiya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Barahiya P.S. Case No. 15/2015 registered for the offence under Sections 341, 323, 337, 307, 504, 506/34 of the Indian Penal Code.

3. The case of the petitioners is that they was granted were anticipatory bail on 04.03.2015 vide ABP No. 211/2015 passed by the Trial Court itself, but as the son of petitioner No.1 suffered from meningitis who subsequently died on 20.01.2022. They could not surrender in court below within time. They again

Patna High Court CR. MISC. No.82750 of 2024(2) dt.10-12-2024 2/2 prayed before the Trial Court for extension of time which was rejected.

4.The trial Court has observed that the application of the petitioners are devoid of any merit and has directed the petitioners to surrender before the learned Court and seek regular bail. As the merit of the petitioners' case has already been considered by the trial Court and has already been granted anticipatory bail. So, there is no space to re-consider the merit. However, I find that in the facts and circumstances, petitioners should surrender before the learned Trial Court and seek regular bail. With these observations, this application is disposed of.

5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is not inclined to enlarge the petitioners on bail.

6. Accordingly, the present anticipatory bail application stands disposed of.

7. However, the learned trial Court should consider this facts and circumstances of this case and try to dispose of the case preferably on same day.

(Ashok Kumar Pandey, J) krishnakant/- U T