Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47193 of 2024 Arising Out of PS. Case No.-8 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

Arun Kumar Son Of Sri Raj Kumar Sah Resident Of Shiv Colony, Purani Gudri Road, P.S. - Town, District - Muzaffarpur 2.

Anil Kumar Son Of Sri Raj Kumar Sah Resident Of Shiv Colony, Purani Gudri Road, P.S. - Town, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Smt. Vasundhara Raj Wife Of Arun Kumar, Daughter Of Rakesh Gupta At Purani Gudri, Shiv Colony, P.S. - Town, District - Muzaffarpur And Present Address - At Mhendra Prash, Chhoti Kalyani, Sahu Road, P.S. - Town, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant being husband and younger brother-in-law. It is next submitted that petitioners were on police bail during the period of investigation, but the police in a mechanical manner submitted charge-sheet based on which cognizance came to be taken. It is next submitted that law stands well settled by a judgment of this Court that as to what steps have to be taken by the learned trial court when an accused who is on police bail against him charge-

Patna High Court CR. MISC. No.47193 of 2024(2) dt.22-08-2024 2/2 sheet is submitted and for the said proposition relies on an order of this court in the case of Mahendra Prasad Singh Vs. State of Bihar reported in 2004 (3) PLJR 491, Sheochandra Singh Vs. State of Bihar reported in 2007 (4) BBCJ 66 and Jagnarayan Yadav and others Vs. State of Bihar reported in 2010(2) PLJR 684.

3. The said submission of the learned counsel appearing on behalf of the petitioners is not rebutted by the learned APP for the State.

4. In view of the submissions made by the learned counsel appearing on behalf of the petitioners, the anticipatory bail application is disposed of with a direction to the petitioners to surrender before the learned trial court on or before 02.09.2024 and the learned trial court shall on the same day dispose of the application, keeping in mind the law enunciated by this Court as recorded hereinabove.

5. The anticipatory bail application stands disposed of.

(Satyavrat Verma, J) Rishabh/- U T