IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5271 of 2011
1. Suresh Kumar Sharma @ Suresh Sharma son of late
Baleshwar Sharma, resident of village- Uday, P.S.-
Jokihat, District-Araria.
2. Lalit Kumar Sharma @ Lalit Sharma son of Akhilesh
Sharma.
3. Chandan Kumar Sharma @ Chandan Sharma son of
Akhilesh Sharma.
Residents of village and P.S.- Jokihat, District-Araria -
Petitioners.
Versus
1. The State of Bihar.
2. Kanchan Devi D/O Arun Maharaj, resident of village-
Bhaluahi, P.S. Udakishunganj, District- Madhepura -
Opp. Parties.
-----------
2/ 09-02-2011 Heard the parties.
This is second attempt made by the petitioners
seeking anticipatory bail in connection with Complaint
Case No.632 of 2005. The prayer for anticipatory bail made
on behalf of the petitioners was rejected by speaking order
dated 20.05.2010 passed in Cr. Misc. No. 7699 of 2010
(Annexure-1). While rejecting the prayer for anticipatory
bail, this Court had noticed that the petitioners were
mainly responsible for killing of the husband of the
complainant.
Learned counsel for the petitioners submits that
subsequently some other accused persons have been
granted anticipatory bail. Obviously, the order dated
20.05.2010 (Annexure-1) was not brought to the notice of
that Court, while considering the prayer for anticipatory
bail made on behalf of those co-accused persons and this
2
fact appears to have been deliberately concealed. In that
view of the matter, this Court does not find any valid
ground for reviewing its previous order.
Accordingly, the present petition for grant of
anticipatory bail is rejected once again. The petitioners
must surrender in the court below in connection with
Complaint Case No. 632 of 2005 pending in the court of
learned C.J.M., Madhepura within four weeks and, if so
advised, seek regular bail.
( Birendra Prasad Verma, J.)
BTiwary/