Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.56 of 2017 Arising Out of PS.Case No. -265 Year- 2015 Thana -MUFFASIL District- AURANGABAD ====================================================== Md. Nasim Son of Late Azamuddin Resident of Village- Dhanwa, P.S.- Mufassil, District- Aurangabad.

.... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Sinha For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-03-2017 Heard learned counsel for the appellant as well as learned Special P.P. for the State.

Apart from the order impugned having been passed by the Sessions Judge and not by a special court or exclusive Special court, from the order impugned it is also apparent that the cognizance has already been taken. That being so, in the light of principle decided by the Hon'ble Supreme Court in the case of Bachu Das vs. State of Bihar and others, reported in (2014)3 SCC 471, the instant memo of appeal for anticipatory bail is found not maintainable and is, accordingly, dismissed. (Aditya Kumar Trivedi, J) BTiwary/- U T