Subham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16921 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- ROSERA District- Samastipur ====================================================== SUBHAM KUMAR SON OF KEDAR YADAV R/O-BELAUNA @ BELAUN, P.S.-HASANPUR, DISTT.-SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Singh, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 120(B) of the IPC and Section 10 of the Bihar Conduct of Examination Act, 1981 and Section 67 of information Technology (Amendment) Act, 2008.
3. The learned counsel submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant.
4. It is next submitted that petitioner was on police bail during the period of investigation, but the police in a mechanical manner submitted charge sheet.
5. It is next submitted that the law stand well settled by a judgment of this Court that as to what steps have to be
Patna High Court CR. MISC. No.16921 of 2024(3) dt.20-04-2024 2/2 taken by the learned Trial court, when an accused who is on police bail against him charge sheet comes to be submitted and for the said proposition relied on an order of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar 2004(3) PLJR 491, Sheo Chandra Singh Vs. The State of Bihar 2007(4) BBCJ 66 and Jag Narayan Yadav & Ors. Vs. The State of Bihar 2010 (2) PLJR 684.
6. In view of the submissions made by the learned counsel for the petitioner, the anticipatory bail application is disposed with a direction to the petitioner to surrender before the learned trial court on or before 01.05.2024 and the learned trial court shall on the same day disposed of the application keeping in mind the law enunciated by this Court as recorded herein above.
7. The anticipatory bail application stands disposed of.
(Satyavrat Verma, J) Prakash Narayan U T