Dismissed

Kanchan Kumar Jha v. The State Of Bihar

Patna HC3 Oct 2012CR. MISC./39258/2012

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application for anticipatory bail filed by Kanchan Kumar Jha. The court refused the plea, noting the petitioner's evasion of a prior court order directing surrender and application for regular bail three years earlier. The dismissal is without prejudice to the petitioner's right to apply for bail after surrendering.

What did the court decide?

The application for anticipatory bail is dismissed. The dismissal shall not prejudice the case if the petitioner surrenders and applies for bail in the court below.

Kanchan Kumar Jha Vs The State Of Bihar — Bail and Remand | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39258 of 2012 ====================================================== Kanchan Kumar Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 03-10-2012 Heard. This is the second attempt on behalf of the petitioner seeking anticipatory bail. Earlier he moved for anticipatory bail in Cr. Misc. No 38196 of 2009 which was rejected by order dated 30.11.2009 in the following manner:-

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“In that view of the matter, this Court is not persuaded to extend the privilege of anticipatory bail to the petitioner. Let the petitioner surrender before the Court below and apply for regular bail which shall be considered and disposed of by the Court below on its own merit having regard to the materials on record uninfluenced by the present order passed by this Court in the present proceeding.”

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The petitioner continued to defy the said order of this Court. After three years he again moved a fresh application

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Patna High Court Cr.Misc. No.39258 of 2012 (2) dt.03-10-2012

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2 / 2

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seeking anticipatory bail on the ground that some of the accused persons have been privileged with anticipatory bail by this Court.

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Considering the allegation(s) made against the petitioner and the fact that his prayer for bail was refused on merit on 30.11.2009 directing him to surrender before the court below which the petitioner evaded for all these years, I am not inclined to grant him the privilege of anticipatory bail. The application is, accordingly, dismissed.

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Dismissal of this application shall not prejudice the case of the petitioner if he surrenders and makes an application for bail in the court below.

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(Kishore Kumar Mandal, J)

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HR/-

Kanchan Kumar Jha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kanchan Kumar Jha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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