Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41682 of 2024 Arising Out of PS. Case No.-26 Year-2020 Thana- BARUN District- Aurangabad ====================================================== BABAN SINGH SON OF LATE TULSI SINGH RESIDENT OF VILLAGE - JANGI BIGHA, P.S. - NARARI KALA, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Barun P.S. Case No.26/2020, G.R. No.185/2020, registered for the offences punishable under Sections 341, 323, 387, 504, 506 of the Indian Penal Code.

3. The learned counsel for the petitioner at the outset submits that 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 petitioner was on police bail, as such, his case be considered in terms of the law settled by this court in the case of Mahendra Prasad Singh Vs. State of Bihar reported in 2004(3) PLJR 491, Sheo Chandra Singh Vs. The State of Bihar reported in 2007(4) BBCJ 66

Patna High Court CR. MISC. No.41682 of 2024(2) dt.22-07-2024 2/2 and Jagnarayan Yadav and Ors. 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.

5. In view of the aforesaid submissions made by the learned counsel appearing on behalf of the petitioner, the present present anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial court on or before 12.08.2024 and the learned trial court shall on the same day dispose of the application keeping in mind the law enunciated by this Court as recorded aforesaid.

6. Accordingly, the present anticipatory bail application is disposed of.

(Satyavrat Verma, J) amit/- U T