Mirtunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18257 of 2018 Arising Out of PS.Case No. -919 Year- 2014 Thana -KHAZANIHAT District- PURNIA ====================================================== Mirtunjay Kumar son of Late Ravindra Yadav, Resident of VillageMaranga, P.S.- K. Hat (Maranga), District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the State : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with K. Hat P.S. Case No.919 of 2014 registered under Sections 341, 323, 324, 325, 307 and 379 read with 34 of the Indian Penal Code (for short 'the IPC').

It is submitted by the learned counsel for the petitioner that during investigation the police found the allegation to be true only for the bailable offence and thus, submitted charge-sheet under Sections 341, 323, 324 and 325 of the IPC. However, differing with the opinion of the police, the learned Chief Judicial Magistrate, Purnia took cognizance of the offences punishable

Patna High Court Cr.Misc. No.18257 of 2018 (2) dt.06-04-2018 2/2 under sections 307 and 379 read with 34 of the IPC. From perusal of the order impugned, it would transpire that the petitioner was granted bail by the police in course of investigation. If that is so, the application under Section 438 of the Code of Criminal Procedure would not be maintainable. In that view of the matter, the application is disposed of. (Ashwani Kumar Singh, J) Md.S./- U T