Shravan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43479 of 2016 (3) dt.06-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43479 of 2016 Arising Out of PS.Case No. -142 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Shravan Kumar son of Raj Kishore Singh resident of Village- Laxmipur, P.S.- Sonbarsa, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 06.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Sitamarhi P. S. case no. 142/2014 registered under sections 420 and 120B of the Indian Penal Code.

The first information report goes to show that the petitioner was caught on the spot by the informant and the impugned order reveals that he was released under the provision of section 41(I) of the Cr.P.C and, therefore, in my view, this anticipatory bail application is not maintainable. Hence, this anticipatory bail application is dismissed being not maintainable.

However, it is made clear that if the petitioner surrenders within weeks from the date of receipt/production of a copy of this order, learned court below shall pass appropriate order in accordance with law without being prejudiced by this order. shahid (Hemant Kumar Srivastava,J) U T