Mahendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.5280 of 2015 (03) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5280 of 2015 Arising Out of PS.Case No. -83 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Mahendra Singh .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Sanjay Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Admittedly, petitioner is not named in the F.I.R. However, his name cropped up on account of detection of owner of SIM No.9546241195. On account of absence of petitioner, the I.O. had prayed before the learned lower Court for issuance of processes in terms of Section 82 Cr.P.C. on 11.06.2013 where it remained pending on one pretext or other and then, as is evident from Para-198 dated 02.06.2014, same was issued. As per direction by the Hon'ble Apex Court reported in 2014 (2) SCC 171, whereunder issuance of processes under Section 82 Cr.P.C. blurred the prospect of maintainability of anticipatory bail petition, instant petition became non-maintainable and is accordingly, dismissed.

Patna High Court Cr.Misc. No.5280 of 2015 (03) dt.24-04-2015 However, the learned lower Court while considering the prayer for bail of the petitioner will take notice thereof, as well as the subsequent development whereunder F.I.R. named accused has already been granted bail.

(Aditya Kumar Trivedi, J) Vikash/- U T