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2015 Supreme(Pat) 500

DINESH KUMAR SINGH
Gauri Shankar Roy – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party : Mr. Nasim Yahia, APP

Judgment

Heard learned counsel for the parties.

2. Both the above applications have been filed for modification of order dated 26.11.2012 passed in Cr. Misc. Nos. 31928 and 32638 of 2012 whereby the anticipatory bail applications of the petitioners were disposed of with a direction to the learned court below to consider the regular bail applications of the petitioners in view of the submissions made by the learned counsel for the petitioners that the petitioners were on police bail in connection with Chakmehsi P.S. Case No. 7 of 2012 registered under Sections 379,468 and 353 of the Indian Penal Code. Relevant portion of the earlier order passed in Cr. Misc. No. 31928 of 2012 and its analogous case is as follows:-

“It is submitted that subsequent to lodging of the case they have been released on police bail. In that view, the anticipatory bail applications of the petitioners are not maintainable. Let the learned court below consider regular bail of the petitioners in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) P.L.J.R. 491 if the petitioners surrender within a period of six weeks from the date of receipt of copy of this or

























































































































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