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Patna High Court - Orders

Umesh Kumar @ Amesh Kumar vs State Of Bihar & Anr on 10 April, 2018

Author: Jitendra Mohan Sharma

Bench: Jitendra Mohan Sharma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.17296 of 2018
                  Arising Out of PS.Case No. -620 Year- 2002 Thana -JEHANABAD COM PLAINT CASE District-
                                                          JEHANABAD
                 ======================================================
                 Umesh Kumar @ Amesh Kumar, son of Sri Chandrayuta Mahto,
                 Residence of Village- Kako, P.S.- Kako, Dist.- Jehanabad.

                                                                                .... ....   Petitioner/s
                                                  Versus
                 1. The State of Bihar.
                 2. Mosmat Shanti Devi, Wife of late Bachu Mali, Resident of Village-
                    Kako, P.S.-Kako, Dist.- Jehanabad.

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Nitya Nand Neeraj
                 For the Opposite Party/s   : Smt Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                 SHARMA
                 ORAL ORDER

2   10-04-2018

Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for pre-arrest bail which was earlier permitted to be withdrawn vide Cr. Misc. No. 53869 of 2016 and again his prayer for pre-arrest bail was rejected by order dated 19.04.2017 passed in Cr. Misc. No. 16633 of 2017, on the ground that co-accused identically placed have been granted privilege of anticipatory bail.

The learned A.P.P. submits that this plea was raised at the time of hearing of Cr. Misc. No. 16633 of 2017 and then his prayer for pre-arrest bail was rejected.

Patna High Court Cr.M isc. No.17296 of 2018 (2) dt.10-04-2018

2/2

In the facts and circumstances stated above, considering that there is no fresh ground for reconsideration of prayer for pre-arrest bail of the petitioner, again prayer for pre- arrest of the petitioner stands rejected in connection with Complaint Case No. 620 of 2002 pending in the court of Sri Sudhir Sinha, Sub. Judge 1st , Jehanabad.

The petitioner shall surrender and seek regular bail placing all the relevant facts and further that other co-accused have been allowed pre-arrest bail and in case the petitioner seeks regular bail then his prayer for regular bail shall be considered on the same day without being prejudiced by this order.

(Jitendra Mohan Sharma, J) Abhay/-

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