Sanjay Biswas @ Sanjay Kumar Biswas And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43215 of 2014 Arising Out of PS.Case No. -2524 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Kumod Kumar Son of Sri B.P. Choudhary R/o Village + Post - Rasidpur, P.S. - Bachhawara, District - Begusarai. Inspector cum Officer in charge, Kotwali Police Station, Bhagalpur, present posted as Police Inspector Mohania, P.S. - Bhabhua, District - Kaimur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.44280 of 2014 Arising Out of PS.Case No. -2524 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Sanjay Biswas @ Sanjay Kumar Biswas Son of Shri Haldhar Biswas resident of Mohalla- Medhichak, Police Station- Tilka Manjhi, DistrictBhagalpur Posted at the relevant time as S.H.O. Tetarpur, Police StationTetarpur, District- Bhagalpur
2. Santosh Sharma @ Santosh Kumar Sharma Son of Pramod Kumar Sharma resident of Mashak Chak, Police Station- Adampur, DistrictBhagalpur Posted at the relevant time as S.H.O. Adampur, Police StationAdampur, District- Bhagalpur .... .... Petitioners
Versus
1. The State of Bihar
2. Md. Rustam @ Minu Son of Md. Yasin resident of villageKhilafatnagar, Police Station- Habibpur, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :
(In both cases) For the Petitioner :
Mr. Ajay Kumar Thakur, Advocate For the Opposite Party No.1: Mr. Ram Naresh Roy, APP For the Complainant :
Mr. Nihar Nandan Ambasta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 These are applications, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Kumod Kumar (Cr. Misc. No. 43215 of 2014), and Sanjay Biswan @ Sanjay Kumar Biswas and Santosh
2/4 Sharma @ Santosh Kumar Sharma (Cr. Misc. No.44280 of 2014), in connection with Complaint Case No.2524 of 2012 under Section 384/387/120B/331/326/344/504 of the Indian Penal Code. Perused the above applications and materials on record including a copy of the order, dated 13.03.2014, passed, in A.B.P. No. 385 of 2014, by the learned Sessions Judge, Bhagalpur, dismissing the said application for pre-arrest bail. Heard Mr. Ajay Kumar Thakur, learned Counsel for the petitioners, and Mr. Ram Naresh Roy, learned Additional Public Prosecutor, appearing on behalf of the State. Also heard Mr. Nihar Nandan Ambasta, learned Counsel, appearing on behalf of the complainant.
Pursuant to bailable warrants issued by order, dated 05.03.2013, in Complaint Case No.2524 of 2012 aforementioned, the accused petitioners did not appear in the learned Court below; rather, the petitioners filed petition, in the Court of learned Chief Judicial Magistrate, on 18th March, 2013, seeking stay of the proceedings of the complaint case aforementioned; but the petition for stay was dismissed on 22.03.2013. The petitioners still did not appear in the case aforementioned and carried the matter, by way of revision, to the learned Sessions Judge. Further proceedings of the complaint case aforementioned were stayed by the order of
3/4 learned Sessions Judge, on 05.04.2013. However, the revision was dismissed on 07.02.2014 and it was thereafter that non-bailable warrants of arrest were issued on 14.02.2014. Thus, the catalogue of orders, as reproduced above, show that it was because of the default on the part of the petitioners that non-bailable warrants of arrest came to be issued. In the circumstances indicated above, the petitioners, having not complied with the order of appearance passed by the learned Court below, cannot seek benefit of pre-arrest bail. It is, now, submitted, on behalf of the petitioners, that the petitioners would appear in the complaint case aforementioned and would file therein necessary application seeking bail and, on these premises, the present applications seeking pre-arrest bail be allowed to be withdrawn.
Considering the matter in its entirety and in the interest of justice, these applications for pre-arrest bail are hereby disposed of as withdrawn.
It is, however, made clear that if the petitioners, on their appearance in the learned Court below, apply for regular bail, the learned Court below shall consider and dispose of the same in accordance with law bearing in mind the fact that since the case at hand is a complaint case, no investigation is pending and the
4/4 petitioners are required to face only trial.
If, therefore, the learned Court below finds that the petitioners' appearance during trial can be secured, there shall be no impediment in granting bail to the petitioners. With the above observations and directions, these applications shall stand disposed of.
(I. A. Ansari, J) Pawan/- U T