Sheonath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47532 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Sheonath Sah S/o Late Laxman Sah 2.

Dharmendra Sah S/o Sheonath Sah 3.

Mohan Sah S/o Yogendra Sah 4.

Mantu Sah @ Mantu Kumar S/o Badari Sah All R/o Village-Ramgarhwa, P.S.-Motihari Muffasil, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent.

3. It is next submitted that the petitioners were on police bail during the period of investigation, but the police in a mechanical manner submitted charge sheet based on which cognizance came to be taken.

4. It is next submitted that the law stands well settled by this Court that as to what steps have to be taken by the learned Trial court, when an accused who is on police bail against him charge sheet is submitted and for the said

Patna High Court CR. MISC. No.47532 of 2024(3) dt.28-08-2024 2/2 proposition the learned counsel appearing on behalf of the petitioners relies on an order of this Court in the case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004

(3) PLJR 491, Sheo Chandra Singh Vs. The State of Bihar reported in 2007(4) BBCJ 66 and Jag Narayan Yadav & Ors. Vs. The State of Bihar reported in 2010 (2) PLJR 684.

5. The learned APP opposes the anticipatory bail application.

6. In view of the submissions made by the learned counsel for the petitioners, the present anticipatory bail application is disposed of with a direction to the petitioners to surrender before the learned Trial court on or before 23.09.2024 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 herein above.

7. The anticipatory bail application stands disposed of.

(Satyavrat Verma, J) Prakash Narayan U T