Mahesh Saw And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.30128 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30128 of 2014 Arising Out of PS.Case No. -72 Year- 2011 Thana -MALSALAMI District- PATNA ====================================================== Mahesh Saw & Anr.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Arun Kr. Panday (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 14-01-2015 Heard.

In the face of the fact that the police has not taken out the process from the court of Magistrate so as to arresting the petitioner and also, that the offence being cognizable had not yet attempted to arrest the petitioner, petition appears not maintainable at this stage. The same is dismissed.

However, if at all the police takes steps by way of procuring any process so as to arresting the petitioner, the petitioner shall be free to renew his prayer for bail before this Court in connection with Malsalami P.S.Case No.72 of 2011 pending in the Court of ACJM, Patnacity, District-Patna. (Dharnidhar Jha, J) B.Kr./- U T