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Patna High CourtCR. MISC./4768/2024disposed

Dhayani Vishwakarma v. The State Of Bihar

2024-02-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4768 of 2024 Arising Out of PS. Case No.-153 Year-2022 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== DHAYANI VISHWAKARMA SON OF LATE DIPTI MISTRI RESIDENT OF VILLAGE - SOHADA, POLICE STATION - NARARI KALA KHURD, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Gupta For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Narari Kala Khurd P.S. Case No.153/2022 dated 24.12.2022, registered for the offence punishable under Sections 147, 148, 341, 323, 324, 325, 307, 427, 504, 506 and 34 of the Indian Penal Code, pending in the Court of learned J.M. 1st Class, Aurangabad.

3. Learned counsel for the petitioner at the outset submits that the petitioner was on police bail during the period of investigation but the police in a mechanical manner submitted charge sheet. It is next submitted that the law is well settled by this Court in the case of Mahendra Pratap Singh Vs.

Patna High Court CR. MISC. No.4768 of 2024(2) dt.22-02-2024 2/2 the State of Bihar reported in 2004 (3) PLJR 491 Sheo Chandra Singh Vs. the State of Bihar reported in 2007 (4) BBCJ V-66 and Jagnarayan Yadav and Ors. Vs. the State of Bihar, reported in 2010 (2) PLJR 684, wherein this court has very clearly laid down the law that what steps have to be taken by the learned trial court when charge sheet comes to be submitted against the accused who are on police bail.

4. In view of the submissions made by the learned counsel for the petitioner, the present anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial court on or before 22.03.2024 and the learned trial court shall on the same day dispose of the application keeping in mind the law enunciated by this court as recorded hereinabove.

5. The anticipatory bail application of the petitioner is disposed of.

(Satyavrat Verma, J) amit/- U T