Dharmendra Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56091 of 2024 Arising Out of PS. Case No.-296 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Dharmendra Mehta Son Of Late Deepnarayan Mehta R/O- MuhallaShahpur, Ward No. 27, P.S.- Aurangabnad, Distt.- Aurangabad 2.
Munilal Yadav Son Of Late Tapeswar Yadav R/O- Muhalla- Shahpur, Ward No. 27, P.S.- Aurangabnad, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Learned counsel for the petitioner submits that during pendency of this case the petitioner was granted privilege of police bail.
2. It is settled principle of law that once the petitioner has been granted bail either by the police or by the Court, the petition under Section 438 Cr.P.C. on behalf of the petitioner is not maintainable.
3. In that view of the matter, the present application is disposed of with a direction to the petitioner to surrender before the learned Court below within six weeks from today and seek regular bail and the learned lower Court would consider the same without being prejudiced by this order in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491. In this decision, it was held that once the bail had been granted and bail bond executed,
Patna High Court CR. MISC. No.56091 of 2024(3) dt.18-11-2024 2/2 at a later stage, if the offence is treated as non-bailable, the applicant cannot file his application for grant of anticipatory bail. The only remedy available to him is to surrender before the concerned Court. The Court concerned will grant him bail without taking into custody, considering his conduct while on police bail and also that he has not misused the privilege of bail.
4. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) Guddu/- U T