Patna High CourtCR. MISC./38939/2014disposed

Satya Prakash v. The State Of Bihar

2015-03-27Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38939 of 2014 Arising Out of PS.Case No. -158 Year- 2012 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Satya Prakash, Son of Sri Amarnath Singh, Proprietor of Bimla Electric, Resident of Village _ Durgapuri, Malighat, P.S. - Mithanpura, District - Muzaffarpur, At present Mohalla - Balughat, Ward No. 17, P.S. - Muzaffarpur, (T), District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Satya Prakash apprehends his arrest in Muzaffarpur (Town) P.S. Case No.158 of 2012 under Sections 341, 342, 353, 387, 504 and 506/34 of the Indian Penal Code.

The learned counsel for the petitioner submitted that the petitioner was on police bail. However, after taking cognizance the petitioner received summon and then filed anticipatory bail application before the Court, which has been rejected. Therefore, the present anticipatory bail application has been filed. The

Patna High Court Cr.Misc. No.38939 of 2014 (2) dt.27-03-2015 learned counsel further submitted that the court below has taken cognizance under Section 387 of the Indian Penal Code along with other sections mentioned in the charge-sheet and, therefore, he apprehends that the petitioner may not be released on bail. In view of the above fact that the petitioner was on police bail, the petitioner is directed to surrender before the Court of Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur (Town) P.S. Case No.158 of 2012 within two weeks from today and pray for regular bail in view of the decision reported in 2004 (3) P.L.J.R. 491 (Mahendra Prasad Singh Vs. The State of Bihar). If such application for regular bail is filed, the court below shall dispose of the same on the same day. This anticipatory bail application is, thus, disposed of. (Mungeshwar Sahoo, J) Harish/- U