Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58562 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- BIKRAM District- Patna ====================================================== 1.

Sunil Kumar Son Of Sri Ganga Verma R/V- Village- Khoraitha, P.S.- Bikram, District- Patna 2.

Anil Kumar Verma Son Of Sri Ganga Verma R/V- Village- Khoraitha, P.S.- Bikram, District- Patna 3.

Raj Kumari Devi Wife Of Sri Ganga Verma R/V- Village- Khoraitha, P.S.- Bikram, District- Patna 4.

Shiv Kumar Verma Son Of Late Mahendra Verma R/V- Village- Khoraitha, P.S.- Bikram, District- Patna 5.

Ganga Verma Son Of Late Mahendra Verma @ Late Rajnath Verma R/VVillage- Khoraitha, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Sinha D/O- Jitendra Singh R/V- Village- Baruhi, P.S.- Sahar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the parties.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 379, 354(B), 498(A), 504, 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are on police bail.

4. It is settled principle of law that once the petitioners have been granted bail either by the police or by the Court, the

Patna High Court CR. MISC. No.58562 of 2024(2) dt.25-09-2024 2/2 petition under Section 438 Cr.P.C. on behalf of the petitioners is not maintainable.

5. In that view of the matter, the present application is disposed of with a direction to the petitioners to surrender before the learned court below within six weeks from today and seek regular bail and the learned court below 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, 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.

6. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) devendra/- U T