Patna High CourtCR. MISC./50819/2019dismissed

Dhanushdhari Pandey v. The State Of Bihar

2019-08-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50819 of 2019 Arising Out of PS. Case No.-120 Year-2008 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

DHANUSHDHARI PANDEY Son of Chhakauri Pandey 2.

Santosh Pandey @ Santosh Kumar Pandey Son of Dhanushdhari Pandey 3.

Chandrabari Pandey @ Chandravarti Pandey Son of Late Shiv Murat Pandey All resident of Village-Kudhnu, P.S.-Chand, District-Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-08-2019 Heard both sides.

The petitioners apprehend their arrest in Chand P.S. Case No.120 of 2008 registered under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Mr. Bikramdeo Singh, the learned counsel for the petitioners submits that police during the course of investigation found the case true only under Section 341, 323, 504 and 34 of the Indian Penal Code and granted bail to the petitioner but after submission of report under Section 173 of the Cr.P.C., learned Judicial Magistrate took cognizance under Section 307 I.P.C. also and that is why the petitioner filed this anticipatory bail

Patna High Court CR. MISC. No.50819 of 2019(2) dt.16-08-2019 2/2 petition but if the petitioners are granted bail by the police, he shall be deemed to be on bail even after taking cognizance under non-bailable Sections such as 307 of the Indian Penal Code. The petitioners shall be deemed to be on bail unless the bail bond of the petitioners is cancelled in accordance with law after taking cognizance but this anticipatory bail is not maintainable. Accordingly, this petition is dismissed as not maintainable.

(Prabhat Kumar Jha, J) Saurabh/- U T