Guddu Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35763 of 2014 (4) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35763 of 2014 Arising Out of PS.Case No. -291 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Guddu Mandal Son of Krishnandan Mandal Resident of Hanuman Nagar, P.S.- Lakhisarai (Kabaiya), District- Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Baby Mahto W/o Guddu Mandal R/o Hanuman Nagar, P.S.- Lakhisarai (Kabaiya), District- Lakhisarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s Mr. Shailendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 19.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Para 44 of the case diary reveals that petitioner was released by the police after taking bond and, therefore, in my view when the petitioner was taken into custody by police, prayer for anticipatory bail of the petitioner is not maintainable.

Accordingly, this petition stands disposed of with direction to the petitioner to surrender before the court of Sub divisional Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case no. 291/2014 within four weeks from today and if he does so, the concerned court shall pass order in accordance with law keeping in view the principle laid down by a coordinate bench of this court in the case of Mahendra Prasad Singh vs The State of Bihar reported in 2004(3) PLJR page 491.

shahid (Hemant Kumar Srivastava,J) U T