Rajesh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54751 of 2022 Arising Out of PS. Case No.-1558 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Rajesh Kumar Jha Son of Late Purendra Jha R/O Village- Basantpur, P.S.- Rupauli, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Ranjan For the Opposite Party/s :
Mr. Md. Mushtaque Alam For the Informant : Dr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 466, 216, 166A & 120B of the Indian Penal Code.
3. From perusal of the impugned order, it appears that the petitioner was on police bail.
4. 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.
5. In that view of the matter, the present application is disposed of with a direction to the petitioner to surrender before the
Patna High Court CR. MISC. No.54751 of 2022(18) dt.19-09-2023 2/2 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, at a later stage, if the offence is treated as nonbailable, 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) Trivedi/- U T