Akhilesh Singh @ Akhilesh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31187 of 2018 Arising Out of PS.Case No. -63 Year- 2001 Thana -KOPA District- SARAN ======================================================

1. Akhilesh Singh @ Akhilesh Kumar Singh, Son of Sheo Parsan Singh, resident of Village- Majhwaliya, P.S.- Kopa, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anthoni Pintu, S/o Kameshwar Prasad Singh, resident of VillageMajhwalia, P.S.- Kopa, District- Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1000/2003 arising out of Kopa P.S. Case No. 63 of 2001 for the offences punishable under Sections 147, 148, 149, 323, 324, 447, 504, 506 and 307 of the Indian Penal Code and 27 of the Arms Act.

Mr. Manish Chandra Gandhi, learned counsel appearing on behalf of the petitioner, has submitted that prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 09.01.2015 passed in Cr. Misc. No. 406 of 2015 but Arun Singh, against whom there was allegation of firing and his firing hit on the left leg of the informant has been granted

Patna High Court Cr.Misc. No.31187 of 2018 (2) dt.18-07-2018 2/2 anticipatory bail vide order passed in Cr. Misc. No. 31315 of 2014 but this fact has not been brought to the notice of this Court at the time of hearing of anticipatory bail petition but I find that since there was allegation against the petitioner that he also fired, the prayer for anticipatory bail was rejected on 09.01.2015. The petitioner did not surrender in the Court below even after rejection of anticipatory bail petition of the petitioner about three years ago and filed this anticipatory bail petition.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If petitioner surrenders in the Court below, the learned Court below shall consider the prayer for regular bail of the petitioner taking into consideration that other accused person have been granted bail and dispose of the bail petition, if possible, on the same day.

(Prabhat Kumar Jha, J) BKS/Rajan U T