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Patna High Court - Orders

Maheshwar Thakur vs The State Of Bihar on 29 August, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

    Patna High Court Cr.Misc. No.22844 of 2014 (2) dt.29-08-2014




                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Criminal Miscellaneous No.22844 of 2014

                 Arising Out of P.S. Case No. -761 Year- 2012 Thana -Saran
                 GRP Case District- Saran
                 ==============================================
                 1. Maheshwar Thakur Son of Late Dasai Thakur Resident of
                 Village - Dubaha, P.S.-Sakra, District- Muzaffarpur.

                                                                   .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                    .... .... Opposite Party/s
                 ==============================================
                 Appearance :
                 For the Petitioner/s     : Mr. Anshu Dhar Sharma
                 For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
                 ==============================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                                  ORAL ORDER

2      29-08-2014

Supplementary affidavit has been filed on behalf of the petitioner.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, apprehends his arrest in connection with Sonepur/Narayanpur Anant RPF Case No. 761/2012 pending before Railway Judicial Magistrate, Sonepur (Under Saran District) for the offences under Sections 141, 145, 146, 147, 153 of Railway Act, is one of the named accused in this case. Prayer of the petitioner under Section 438 of the Code Patna High Court Cr.Misc. No.22844 of 2014 (2) dt.29-08-2014 of Criminal Procedure was turned down by learned Sessions Judge, Saran at Chapra, as early as on 28th January 2013 in A.B.P. No. 2005/2013, but laying with the law for substantial long period this application has only been filed on 23.05.2014. This itself disentitles the petitioner for the privilege sought.

In view of the above, petitioner appears not entitled for the privilege sought, accordingly, prayer for anticipatory bail of the petitioner is hereby refused.

Rajeev/-                                                     (Akhilesh Chandra, J)

U            T