Bhanu Pratap Singh @ Bhanu Prasad ... vs The State Of Bihar
2023 Latest Caselaw 574 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.37608 of 2022
            Arising Out of PS. Case No.-273 Year-2019 Thana- EKMA District- Saran
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Bhanu Pratap Singh @ Bhutani, aged about 32 years, Male, Son of Tej Pratap Singh @ Bhola Singh, Resident of Village- Bangra, P.S.- Daudpur, District- Saran at Chapra (Bihar).

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.M. Ashraf, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2023

Heard Mr. S. M. Ashraf, learned counsel for the

petitioner and Mr. Shantanu Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Ekma P.S. Case No. 273 of 2019 dated 20.10.2019 instituted

under Sections 320, 120-B and 34 of the Indian Penal Code and

Section 27 of the Arms Act, 1959.

3. This is the second attempt for anticipatory bail as

earlier such prayer was rejected by order dated 09.03.2021 passed

in Cr. Misc. No. 31895 of 2020.

Patna High Court CR. MISC. No.37608 of 2022 dt.01-02-2023

4. Learned counsel for the petitioner fairly submits that

there is no change in the material circumstances except for the fact

that the petitioner upon being diagnosed with Tongue cancer has

also undergone operation at Tata Memorial Hospital in Mumbai

and his periodic check up is required at that place.

5. Learned APP submitted that the allegation against the

petitioner is that he is the main assailant leading to the death of the

deceased. Thus, it was submitted that the petitioner should

surrender before the Court below and then seek bail since for

about three and a half years, he has not made himself available to

the investigating agency for completing the investigation and is

evading the process of law.

6. Having considered the submissions of learned

counsel for the parties and the fact that this is the second attempt

for anticipatory bail without there being any change in material

circumstances to justify the same except for the petitioner having

been operated for Tongue cancer and there being no progress in

investigation due to the petitioner absconding, the Court does not

feel inclined to allow the prayer.

7. Accordingly, the petition stands dismissed.

8. However, if the petitioner surrenders before the Court

below within three weeks from today, the Court shall consider the Patna High Court CR. MISC. No.37608 of 2022 dt.01-02-2023

matter on its own merits, in accordance with law, without being

prejudiced by the present order, expeditiously.

(Ahsanuddin Amanullah, J)

Anand Kr.

AFR/NAFR U T