Manoj Jha @ Manoj Kumar Jha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.9642 of 2017 (3) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9642 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Manoj Jha @ Manoj Kumar Jha,

2. Subodh Jha @ Subodh Kumar Jha, Both sons of Bindeshwar Jha, Resident of Village - Govind Phandah, P.S. - Sitamarhi, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 The petitioners are already on police bail.

Hence, this anticipatory bail application is not maintainable.

However, in the event of surrender of the petitioners after submission of the charge-sheet, the learned court below shall consider that the petitioners have not misused the privilege of bail. Hence, there is no reason to not allow them to furnish the bail bond in view of the judgment of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) PLJR 491.

With the aforesaid observation, this application stands disposed of.

Kundan (Birendra Kumar, J) U T