Bateshwar Sharma @ Baleshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.87472 of 2019 In CRIMINAL APPEAL (SJ) No.5268 of 2019 Arising Out of PS. Case No.-50 Year-2017 Thana- SC/ST District- Jehanabad ====================================================== 1.

Bateshwar Sharma @ Baleshwar Sharma, Son of Late Dev Narayan Sharma, Resident of Village - Bhelawar, P.S.- Kako, Dist.- Jehanabad 2.

Rinki Devi, Wife of Sri Binit Kumar @ Binit Sharma, Resident of Village - Bhelawar, P.S.- Kako, Dist.- Jehanabad 3.

Binit Kumar @ Binit Sharma, Son of Sri Bateshwar Sharma @ Baleshwar Sharma, Resident of Village - Bhelawar, P.S.- Kako, Dist.- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-06-2020 Petitioners in this case had earlier come to this Court seeking anticipatory bail but this Court refused to entertain the appeal for purpose of anticipatory bail on finding that the order taking cognizance and issuance of summons had already been passed by the learned Special Court, S.C./S.T. This Court while parting with the order dated 03.12.2019 recorded the following observations:- "In case, the appellants surrender and pray for regular bail in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on it's own merit

Patna High Court CR. MISC. No.87472 of 2019(2) dt.22-06-2020 2/2 independently without being prejudiced by the order of this court and the same shall not be rejected only on the ground that this court has refused to grant them anticipatory bail." Learned counsel for the petitioners has explained in paragraph '6' and '7' the reasons as to why the petitioners could not surrender and the learned A.P.P. for the State does not raise any objection to the same.

In the given facts and circumstances of this case, this Court directs that considering the present pandemic situation if the petitioners surrender and pray for regular bail in the court below within eight weeks from today, their prayer for regular bail shall be considered in the light of the observations of this Court in its order dated 03.12.2019 passed in Cr. Appeal (SJ) No. 5268 of 2019.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Vats/arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.