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2021 Supreme(SC) 617

PREM SHANKAR PRASAD – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
For the Appellant(s) :Rituraj Biswas, Rituraj Choudhary, Sujaya Bardhan, Advocates
For the Respondent(s):Devashish Bharuka, Sarvshree, Justine George, Manas Syal, Adv. Abhishek, Advocates

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.08.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No. 50530 of 2019, by which the High Court has allowed the said criminal miscellaneous application and has granted anticipatory bail to respondent No.2 herein – accused, the original informant – complainant has preferred the present appeal.

2. That first information report came to be filed by the appellant herein against respondent No.2 with Chapra Town Police Station, Saran in case No.453 of 2018 for the offences punishable under sections 406, 407, 468, 506 of the Indian Penal Code, 1860. A warrant of arrest came to be issued by learned Chief Judicial Magistrate, Saran, Chapra on 19.12.2018. It appears that thereafter respondent No.2 – accused is absconding and concealing himself to avoid service of warrant of arrest. Thereafter learned Chief Judicial Magistrate issued a proclamation against respondent No.2 under section 82 Cr.PC. Only thereafter and issuance of proclamation under section 82 Cr.PC, respondent No.2 – accused filed anticipatory bail application before learned Trial Cour

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