Petitioner approached High Court seeking anticipatory bail in a criminal case alleging offenses under IPC and Prevention of Damage to Public Property Act. Court dismissed application, noting prior refusal and lack of surrender.
Application for anticipatory bail dismissed; petitioner directed to surrender within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50407 of 2018
Arising Out of PS.Case No. -14 Year- 2016 Thana -MANIGACHI District- DARBHANGA
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Binod Kumar 2
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 12-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 333, 353, 386, 379, 427, 504, 506, 120B of the Indian Penal Code and Section 3/4 of the Prevention of Damage of Public Property Act.
By order dated 19.05.2017 prayer for anticipatory bail to the petitioner was already refused in Cr. Misc. No. 5177 of 2017. More than a year has elapsed, the petitioner has neither surrendered nor has been arrested by the police.
Considering the nature of allegation, I am not inclined to review the aforesaid order only for the reason that a Coordinate Bench of this Court has granted anticipatory bail to the
Patna High Court Cr.Misc. No.50407 of 2018 (2) dt.12-09-2018
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co-accused as submitted by learned counsel for the petitioner. Hence, this application stands dismissed in connection with Manigachhi P.S. Case No. 14 of 2016 pending in the court of learned Chief Judicial Magistrate, Darbhanga/successor court. Petitioner is directed to surrender within a period of two weeks, failing which the court below shall take coercive step for apprehension of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
1 issue framed by the court
Whether the plea of anticipatory bail should be allowed given the refusal in an earlier order and delay in surrender.
2 provisions across 2 enactments
Md. Musha
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
