Jyoti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.223 of 2019 Arising Out of PS. Case No.-259 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== JYOTI KUMAR S/o - Late Arun Singh Resident of Village- Rampur, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Adv.

For the Respondent/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 24-01-2024 Heard learned Advocate for the petitioner as well as learned APP for the State.

2. The petitioner was granted anticipatory bail under Section 438 of the Cr.P.C. with condition that he would appear before the Court of learned Sessions Judge, Lakhisarai on the next date of hearing.

3. However, the petitioner did not appear physically on 9th January, 2019 and also on 8th January, 2019. Therefore, the petitioner's application under Section 439 of the Cr.P.C. was rejected. The impugned order for rejection of bail is inter locutory order and the same is not revisable.

4. The petitioner is at liberty to make similar prayer under Section 439 of the Cr.P.C. either before the Learned Sessions Judge, Lakhisarai or before this Court. Therefore,

Patna High Court CR. REV. No.223 of 2019(4) dt.24-01-2024 2/2 when alternative efficacious relief is available under the statute, the revisional application is not maintainable.

5. Therefore, the instant application is being devoid of any merit and is accordingly dismissed.

(Bibek Chaudhuri, J) pravinkumar/- U T