Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.96 of 2015 Arising Out of PS.Case No. -108 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ARUN KUMAR THAKUR @ ARUN THAKUR Criminal Appeal (DB) No.97 of 2015 Arising Out of PS.Case No. -108 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) Nanhak Paswan @ Hari Paswan Criminal Appeal (DB) No.168 of 2015 Arising Out of PS.Case No. -401 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR Ved Prakash Criminal Appeal (DB) No.173 of 2015 Arising Out of PS.Case No. -144 Year- 2013 Thana -KASIMBAZAR District- - Md. Azad Criminal Appeal (DB) No.199 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR SAHID BHARTI & ANR

2/4 Criminal Appeal (DB) No.202 of 2015 Arising Out of PS.Case No. -90 Year- 2013 Thana -DEORIYA District- MUZAFFARPUR RAM PRAVESH BAITHA @ SATISJI @ SATISH @ RAKESH Criminal Appeal (DB) No.207 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -CHAKAI District- JAMUI Ganesh Das.

Criminal Appeal (DB) No.212 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -CHAKAI District- JAMUI Majid Mian Criminal Appeal (DB) No.215 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -CHAKAI District- JAMUI Mantu Yadav @ Manoj Yadav & Anr.

Criminal Appeal (DB) No.220 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR Avinash Kumar

3/4 Criminal Appeal (DB) No.223 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -CHAKAI District- JAMUI Surendra Yadav Criminal Appeal (DB) No.224 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -CHAKAI District- JAMUI DHATTU @ GUTTU @ RAJESH TUDU @ DHADKU @ GETHIA & ANR.

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-03-2015 These appeals are preferred under Section21(4) of the National Investigation Agency Act (in short N.I.A. Act), feeling aggrieved by the denial of bail. A Full Bench of this Court in Criminal Appeal No.149 of 2015 and batch, took the view that unless the investigation into the case is undertaken by the N.I.A. or the N.I.A. has transferred investigation to the State Investigating Agency, the provisions of the N.I.A. Act would not apply. Therefore, the only remedy is to file an application for

4/4 bail before this Court under Section-439 of Cr.P.C. Therefore, the registry is directed to return the files for altering the provision of law and then to number it as an application for bail and place before the concerned Court without further loss of time. The registry shall not levy any fee, whatever, in this behalf, nor shall it point out any other defect. It is also directed that in such pending matters also, the same approach shall be adopted.

(L. Narasimha Reddy,CJ) (Gopal Prasad, J) K.C.jha/- U