Patna High CourtCR. MISC./1504/2015disposed

Manoj Yadav @ Manoj Kumar v. State Of Bihar And ANR

2015-07-30Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1504 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -KHODAWANPUR District- BEGUSARAI ====================================================== Manoj Yadav @ Manoj Kumar Son of Sri Satya Narayan Yadav Resident of Village - Bakhadda, P.O- Chhaurahi, P.S- Khodawandpur, District - Begusarai, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Deo Narayan Chaurasia Son of Late Nathuni Chaurasia Resident of Village - Matihani, P.S- Khodawandpur, District - Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chakrapani, Advocate. For the Opposite Party/s: Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-07-2015 Heard learned counsel for the parties.

2. Having regard to the fact that during pendency of this application, the petitioner has been arrested, this application for anticipatory bail has obviously become infructuous and is, accordingly, dismissed.

3. The submission of Mr. Chakrapani, learned counsel appearing on behalf of the petitioner that the petitioner has not been remanded in this case till today would no difference so far it relates to grant of anticipatory bail to the petitioner who is now in custody.

4. Mr. Chakrapani, then, submits that as a matter of fact, the petitioner was protected by an interim order dated

Patna High Court Cr.Misc. No.1504 of 2015 (6) dt.30-07-2015 2/2 02.07.2015 of this Court for being not arrested till 16.07.2015 and yet the Officer-in-charge of Police Station before whom he was directed to appear, had arrested him, of course, not in connection with this case but some other case pending against him. Mr. Chakrapani also submits that for such deliberate and defiant act of the Officer-in-charge, the petitioner has filed a contempt application vide Token No. 49625 of 2015 on 10.07.2015.

5. Be that as it may, since this application has been dismissed on account of its becoming infructuous, it must be made clear that the alleged pending contempt application of the petitioner shall be disposed of on its own merit without being anything influenced in any manner on account of dismissal of this application.

(Mihir Kumar Jha, J) Sujit/- U