Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57983 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== GOLU KUMAR S/O ANIL KUMAR YADAV @ ANIL RAI R/O VILLAGEWARD NO. 5 KOTHIA HARERAM, P.O AND P.S- MEHSI, DISTT.- EAST CHAMPARAN, MOTIHARI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehend his arrest for the offences alleged under Sections 363, 366(A), 34, 120B of the Indian Penal Code and later on Section 302 of the IPC was added, registered in connection with Rajepur P.S.Case No.30 of 2022. At the very outset, the learned APP has submitted that from perusal of the case diary, it appears that the process under Section 83 of the CrPC has been initiated and the petitioner is not entitled for anticipatory bail.

In view of the aforesaid submission, this application is dismissed as not maintainable, in the light of the recent decision in the case of Prem Shankar Prasad vs. State of Bihar

Patna High Court CR. MISC. No.57983 of 2023(3) dt.06-12-2023 2/2 and Another (2021 SCC online SC 955).

If the petitioner surrenders and seeks regular bail before the court below, his bail application shall be considered on its own merit, without being prejudiced by this order. (Nawneet Kumar Pandey, J) SONALI/- U T