Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53244 of 2024 Arising Out of PS. Case No.-417 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Dharmendra Kumar S/o Nagdeo Rai R/o vill - Hilalpur, P.S. - Industrial Area, Distt. - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Deepak Kumar S/o Harishchandra Singh R/o Mohalla - Under Kila Budha Colony, Hajipur, P.S. - Nagar, Hajipur, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jata Shankar Jha, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The learned counsel for the petitioner submits that petitioner has antecedent of two cases and has been falsely implicated in the instant case by the informant.
3. It is next submitted that petitioner during the period of investigation was on police bail, but the police in a mechanical manner submitted charge sheet based on which cognizance came to be taken. It is next submitted that law stand well settled by a judgment of 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
Patna High Court CR. MISC. No.53244 of 2024(2) dt.20-08-2024 2/2 the said proposition 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.
4. The learned APP, Mr. Rabindra Kumar and the learned counsel appearing on behalf of the informant are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner.
5. In view of the submissions made by the learned counsel for the petitioner, the anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned Trial court on or before 02.09.2024 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.
6. The anticipatory bail application stands disposed of.
(Satyavrat Verma, J) Prakash Narayan U T