Rajiv Kumar Jha @ Amit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32235 of 2022 Arising Out of PS. Case No.-65 Year-2015 Thana- SUPAUL District- Supaul ====================================================== RAJIV KUMAR JHA @ AMIT KUMAR JHA SON OF SHYAM SUNDAR JHA R/O VILLAGE- WARD NO.-19, BHELAHI, P.S.- SUPAUL, DISTRICT- SUPAUL, STATE- BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 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 147, 341, 427, 283 and 353 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons in large number, including the petitioner, had blocked the road causing traffic jam. Learned counsel for the petitioner 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, it is next submitted that since the

Patna High Court CR. MISC. No.32235 of 2022(2) dt.23-11-2022 2/2 petitioner was on police bail, the law stands well settled by a 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 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 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 of the petitioner keeping in mind the law enunciated by this Court as aforesaid. The anticipatory bail application is disposed of. (Satyavrat Verma, J) HarshPandey/- U T