Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29842 of 2019 Arising Out of PS. Case No.-201 Year-2016 Thana- TAJPUR District- Samastipur ====================================================== 1.

YOGENDRA RAI Son of Late Mishri Rai 2.

Vijay Rai @ Vijay Kumar Rai 3.

Bhushan Rai both are sons of Yogendra Rai Resident of Village - Darwa, P.S.- Tajpur (Halai O.P), Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2019 Heard both sides.

The petitioners apprehend their arrest in Tajpur(O.P. Halai) P.S. Case No.201 of 2016 registered under Sections 341, 323, 324, 504, 379 and 34 of the Indian Penal Code. The learned counsel for the petitioners submits that petitioners were granted bail on 12.07.2016 on the ground that all the offences alleged are bailable but later on, the investigating officer submitted chargesheet under Section 307 and other Sections of I.P.C.. Cognizance of the offence under Section 307 and other Sections of I.P.C. was taken and summon was issued to the petitioner on 09.10.2018.

In view of the fact that the petitioners were granted

Patna High Court CR. MISC. No.29842 of 2019(2) dt.07-05-2019 2/2 regular bail before submission of chargesheet in the present case, therefore, the anticipatory bail petition of the petitioners is not maintainable. Once the petitioners are granted bail, even after submission of chargesheet the petitioner shall remain on bail unless the bail bond of the petitioners shall be cancelled in accordance with law.

Taking into consideration the facts aforesaid, the present anticipatory bail petition is dismissed as not maintainable.

(Prabhat Kumar Jha, J) Saurabh/- U T