Md. Jalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30555 of 2022 Arising Out of PS. Case No.-242 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== MD. JALIL S/o Late Gulfan Khan Resident of Village- Samastipur, P.S.- Shahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 447, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The learned counsel at the outset submits that the petitioner was on police bail during the period of investigation but the police in a mechanical manner submitted charge-sheet and, thereafter, cognizance came to be taken, it is next submitted that the law stands settled by the judgment of this Court in Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 Vol. 3 PLJR 491, it is next submitted that the said judgment was followed in the case of Shiv Chandra

Patna High Court CR. MISC. No.30555 of 2022(2) dt.21-11-2022 2/2 Singh Vs. The State of Bihar, reported in 2007 4 BBCJ 66 and thereafter, in Jagnarayan Yadav and others Vs. The State of Bihar reported in 2010 2 PLJR 684, wherein this Court has very clearly laid the law that once an accused who is on police bail and charge-sheet comes to be submitted then what steps have to be taken by the learned Trial Court.

In view of the submissions made by the learned counsel for the petitioner, the present anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned Trial Court on or before 16.12.2022 and the learned Trial Court shall on the same day dispose of the application keeping in mind the law enunciated by this Court as aforesaid.

Accordingly, the anticipatory bail application stands disposed of.

(Satyavrat Verma, J) HarshPandey/- U T