Justice Sanjay Priya rejected the petitioner's prayer for anticipatory bail in a case involving Sections 406 IPC, noting the petitioner had been declared an absconder by the lower court, thereby rendering it unfit for such relief.
Prayer for anticipatory bail rejected; provisional anticipatory bail cancelled; petitioner directed to surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25764 of 2017
Arising Out of PS.Case No. -583 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP Mr. Bhavesh Kumar, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4/ 05-09-2017
Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2.
Petitioner apprehends his arrest in Complaint Case No.583 of 2013 (Tr. No.712 of 2016) instituted for the offence under Section(s) 406 Indian Penal Code pending in the Court of the Sub Judge X-cum-Additional Chief Judicial Magistrate, Muzaffarpur.
Counsel for the Opposite Party No.2 has appeared and submitted that petitioner has already been declared absconder by order dated 29.05.2017 passed by the Court below as he had not appeared even after issuance of processes under Section 8283 Cr. P. C.
Patna High Court Cr.Misc. No.25764 of 2017 (4) dt.05-09-2017
2/2
In such circumstances, this Court does not find it a
fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail
is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law by the Court below without being prejudiced by this order.
Provisional anticipatory bail granted to the petitioner by order dated 10.07.2017 is hereby cancelled.
(Sanjay Priya, J)
JA/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner declared an absconder by the lower court.
Lalan Tiwary
The State of Bihar
Manoj Prasad Singh
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
