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Patna High Court

Sanjay KumarversusState Of Bihar and Anr

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail application was dismissed because the petitioner failed to appear, resulting in a default.

Summary

Petitioner Sanjay Kumar filed an anticipatory bail application before the Patna High Court. No counsel appeared on his behalf despite repeated calls, and the petitioner seemed to have lost interest in the case. The State's counsel was present. The court noted the petitioner's failure to appear and, on the basis of default, dismissed the anticipatory bail application. No substantive merits of the bail request were examined.

Issues considered

  • Whether an anticipatory bail application can be entertained when the petitioner fails to appear before the court?

Subjects

  • anticipatory bail
  • criminal procedure
  • default
  • court appearance
  • high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.64084 of 2018
                          Arising Out of PS. Case No.-76 Year-2017 Thana- MAHILA P.S. District- Patna
                    ======================================================
                    Sanjay Kumar Son of Late Ramesh Prasad Singh, Resident of Village-Neema,
                    Police Station-Dhanarua in the District of Patna.

                                                                                       ... ... Petitioner/s
                                                           Versus
               1.   State of Bihar.
               2.   Pratima Kumari, Daughter of Lal Babu Sharma, Resident of Village-Jubeda
                    Complex, Exhibition Road, Police Station-Gandhi Maidan in the District of
                    Patna.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        None
                    For the Opposite Party/s :        Mr.Sri Yogendra Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                          ORAL ORDER

10    21-06-2022                   Nobody appears on behalf of the petitioner on

                      repeated call. Yesterday also none appeared on behalf of the

                      petitioner. Learned APP for the State is present.

                                   It appears that the petitioner has lost interest in the

                      present case.

                                   Accordingly, the anticipatory bail application is

                      dismissed for default.


                                            (Anjani Kumar Sharan, J.)

Sanjay/-

U          T


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