Patna High CourtCR. MISC./55993/2015disposed

Md. Aslam @ Md. Ashlam v. State Of Bihar And ANR

2016-02-10Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55993 of 2015 Arising Out of PS.Case No. -113 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Md. Aslam @ Md. Ashlam S/o late Azijur Rahman Resident of Ward No. 10, Bhupendra chowk, Madhepura, P.s+District Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bihar State Food and Civil Supplies Corporation Ltd. through its District Manager, Saharsa.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Tej Bahadur Singh, Sr. Advocate Mr. Prabhat Kumar Singh, Advocate.

For the Opposite Party/s : Mr. A.L. Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

10-02-2016 Heard learned Senior Counsel Sri Tej Bahadur Singh, in support of this application for anticipatory bail, which is being filed for the second time. On the earlier occasion, the petitioner came to this Court by filing Criminal Miscellaneous Case No. 33912 of 2013. This Court disposed of the said application vide order dated 24.12.2013, directing that, in the event of arrest or surrender the petitioner would be released on bail till submission of charge-sheet. This Court so ordered considering the fact that the allegations related to misappropriation and defalcation which could be accounted for. Now, the charge-sheet has been filed as

Patna High Court Cr.Misc. No.55993 of 2015 (2) dt.10-02-2016 against the petitioner. Instead of surrendering in the Court below, he filed another anticipatory bail application before the Court of Sessions, which was rightly rejected. The present application is, thus, filed again for bail in anticipation of arrest, which, in my view, is not maintainable. This application is, accordingly, rejected. The petitioner may, however, surrender before the Trial Court, and the Trial Court would proceed in accordance with the judgment of this Court in the case of Bishundeo Sahu Vs. State of Bihar since reported in 2011(1) PLJR 731.

With this observation, this application stands disposed of.

(Navaniti Prasad Singh, J.) Rajeev/- U T