Md. Hussain Ahmad @ Hussain Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15222 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -CHAUSA District- MADHEPURA ====================================================== Md. Hussain Ahmad @ Hussain Ahmad, S/o Late Zahurul Hasan, R/o Village- Bela Terha, P.S.- Kishanpur, District- Supaul, presently Incharge Headmaster, Raghunath, Bidya Mandir + 2 Madhyamik School, Kalasan, Anchal Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chausa P.S. Case No.23 of 2018 instituted for the offence under Sections 420 of the Indian Penal Code and Section 7/13(B)/D (i) (ii) (iii) of Prevention of Corruption Act pending in the Court of SubDivisional Judicial Magistrate, Udakishunganj at Madhepura. Learned Additional Sessions Judge has mentioned in the impugned order that since the case is registered under the Prevention of Corruption Act, the instant case is not maintainable in the court below. He has mentioned in the impugned order that the case should be sent to original jurisdiction of the court. In view of such, this Court at this stage is not inclined

Patna High Court Cr.Misc. No.15222 of 2018 (4) dt.25-07-2018 2/2 to entertain the anticipatory bail application of the petitioner. This anticipatory bail application is accordingly, disposed off with direction to the petitioner to move first before the competent court and, thereafter, before this Hon'ble High Court.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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