Ram Babu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60661 of 2017 Arising Out of PS.Case No. -100 Year- 2013 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Ram Babu Chaudhary, son of Late Mahadeo Chaudhary, resident of villageBakhra, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha, Advocate For the State : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Saraiya P.S.Case No.100 of 2013 registered under Sections 341, 323, 307, 379, 340/34 of the Indian Penal Code. In view of the fact that in course of investigation the petitioner was granted bail by the police, the instant application filed under Section 438 of the Code of Criminal Procedure is not maintainable. Accordingly, it is dismissed as not maintainable. In case the petitioner surrenders and seeks bail, the court below shall be required to take into consideration the ratio laid down in the case of Mahendra Prasad Singh vs. The State of Bihar, [(2004(3) PLJR 491].

Md.S./- (Ashwani Kumar Singh, J) U T