The Patna High Court rejected a second application for anticipatory bail filed by Arun Kumar. The bench cited the two-year delay since the previous rejection and directed the petitioner to surrender and seek regular bail.
Rejection of the application for anticipatory bail; direction to surrender and file for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19853 of 2016
Arising Out of PS.Case No. -46 Year- 2013 Thana -BARUN District- AURANGABAD ====================================================== 1. Arun Kumar ( Accountant of S.B.I., Aurangabad) son of Late Rameshwar Mishra, resident of Village- Bambhai, Police Station- Karpi, DistrictArwal. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Rajiv Kumar son of Late Laddu Prasad Singh, resident of Village- Meh, Police Station- Nawri Kola Khurd, District- Aurangabad (Bihar). .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjana, Advocate For the Opposite Party/s : Mr. Rina Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 5 14-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Barun P.S. Case No. 46 of 2013, disclosing offence under Sections 406, 402, 467, 468 and 120B of the Indian Penal Code. This is second attempt made on behalf of the petitioner for his release on anticipatory bail in connection with Barun P.S. Case No. 46 of 2013. He had earlier approached this Court by filing Criminal Miscellaneous No. 44978 of 2013, which was rejected by order dated 12.12.2013 with a direction that he surrender before the learned Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.19853 of 2016 (5) dt.14-09-2016
2/2
Aurangabad in connection with the said case.
I do not find any reason to entertain this application filed nearly two and half years after rejection of anticipatory bail application.
Accordingly, this application for anticipatory bail is, hereby, rejected.
The petitioner is directed to surrender before the court below within two weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.
(Chakradhari Sharan Singh, J)
Vats/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted for the second time regarding a cheque forgery offence.
Arun Kumar
The State of Bihar
Rajiv Kumar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
