Patna High CourtCR. MISC./78479/2018disposed

Jyoti Kumar @ Jyoti Kumar Sah And ANR v. The State Of Bihar

2019-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78479 of 2018 Arising Out of PS. Case No.-106 Year-2017 Thana- SANJHOLI District- Rohtas ======================================================

1. Jyoti Kumar @ Jyoti Kumar Sah, Son of Kaushal Kumar,

2. Satyendra Sah @ Chhotak @ Premjeet @ Premjeet Kumar Son of Shree Kant Sah, Both residents of village-Amaithi, P.S. Sanjhauli District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This application, for grant of anticipatory bail, arises out of Sanjhauli P.S. Case No. 106 of 2017, disclosing offences under Sections 504, 506, 354 (A) and 452 of the Indian Penal Code.

Allegation against the petitioners is of forcing the informant to keep the Ganja and on refusal they misbehaved with the informant.

It appears that petitioners were released by the police on furnishing personal bond under Section 41-A of the Cr.P.C. and considering the same, the anticipatory bail of the petitioners was rejected by the court below vide order dated 20.01.2018 and the petitioners were directed to surrender and pray for regular bail in spite of that petitioners filed the anticipatory bail again,

Patna High Court Cr.Misc. No.78479 of 2018(2) dt.09-01-2019 2/2 which has been disposed of vide order dated 05.10.2018. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the fact that petitioners were earlier given the benefit of Section 41-A of the Cr.P.C., shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T