Deepak Kumar @ Deepak Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26765 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- ROSERA District- Samastipur ====================================================== DEEPAK KUMAR @ DEEPAK KUMAR MAHTO SON OF ASHOK MAHTO RESIDENT OF VILLAGE - GITA DEVDHA, PHULAHRA, P.S. - HASSANPUR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code and Section 10(B) of Bihar Conduct of Examination Act and Section 67 of Information Technology Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that the petitioner was on police bail during the period of investigation, but the police in a mechanical manner submitted charge-sheet based on which cognizance came to be

Patna High Court CR. MISC. No.26765 of 2024(2) dt.19-07-2024 2/2 taken. It is next submitted that law stands well settled by a judgment of this Court that as to what steps have to be taken by the learned trial court when an accused who is on police bail against him charge-sheet is submitted and for the said proposition relies on an order of this court in the case of Mahendra Prasad Singh vs. State of Bihar reported in 2004(3) PLJR 491, Sheochandra Singh vs. State of Bihar reported in 2007(4) BBCJ 66 and Jagnarayan Yadav and others vs. State of Bihar reported in 2010(2) PLJR 684.

4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, the anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial court on or before 01.08.2024 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 stands disposed of.

(Satyavrat Verma, J) shivam/- U T