Prabhakar Kumar @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57196 of 2015 Arising Out of PS.Case No. -198 Year- 2012 Thana -MAJORGANJ District- SITAMARHI ======================================================
1. Prabhakar Kumar @ Munna son of Upendra Prasad, Resident of villageDumari Khurd, P.S.- Majorganj, District- Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the state. The petitioner is apprehending arrest in Majorganj P.S. Case No. 198 of 2012 of pending in the court of the learned CJM, Sitamarhi registered for the offences punishable under sections 341,323,354,504 and 307/34 IPC.
The prosecution case is that the accused persons came variously armed with sword and assaulted the informant and his daughter and took away jewellery and cash of rupees two lacs. It is submitted that the petitioner that final form was submitted under bailable provisions and the petitioner was granted bail by the police. Statement to that effect has been made in paragraph 7 of the petition.
Considering the fact that the petitioner was on police
Patna High Court Cr.Misc. No.57196 of 2015 (2) dt.18-12-2015 2/2 bail, the present anticipatory bail application is not maintainable in view of the ratio laid down in the case of Bishundeo Sah Vs. State of Bihar, reported in 2011(1) PLJR 731.
Let the learned court below consider the prayer of the petitioner for regular bail in view of the ration laid down in the case of Mahendra Pd. Singh Vs. State of Bihar 2004(3) PLJR 491. However, it is made clear that in such circumstances bail can only be denied in case of misuse of police bail.
This application is disposed of with the aforesaid observations.
(Dinesh Kumar Singh, J) Anil/- U T