Dhruv Yadav @ Dhruv Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57688 of 2019 Arising Out of PS. Case No.-4 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Dhruv Yadav @ Dhruv Rai Son of Jaylal Rai 2.

Shiv Mangal Rai Son of Dharikshan Rai Both are residents of Village- Gurmiya (Khas Tola), P.S.- Ghorasahan, District- East Champaran.

3.

Umesh Rai @ Umesh Yadav Son of Biltu Rai Resident of Village- Mahuahi Murshidabad, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 04 of 2019 (Tr. No. 3253 of 2019), registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code. The allegation against the petitioners is that petitioners along with other accused persons assaulted the informant with lathi, danda and iron rod indiscriminately. Learned counsel for the petitioners submits that during course of the investigation petitioners were granted bail

Patna High Court CR. MISC. No.57688 of 2019(2) dt.13-09-2019 2/3 by the police and petitioners had submitted bond before the police.

Heard learned counsel for the parties, in view of the submission made by learned counsel for the petitioners that petitioners were granted bail by the police earlier and in view of law laid down by this Court in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004 (3) PLJR 491 and Ram Vilas Singh Vs. The State of Bihar, reported in 2008 (3) PLJR 253 , it is evident that the application for anticipatory bail is not maintainable as the facts of the case are the same as the facts of the said case. In the said case, this court has held that when the case is initially for non-bailable offences wherein the accused is taken into custody and then is released on bail by the police, an application for anticipatory bail on the ground that he has an apprehension of arrest in the case cannot be held to be maintainable.

The petitioner must honour the terms of the police bail.

Patna High Court CR. MISC. No.57688 of 2019(2) dt.13-09-2019 3/3 any allegation of misuse, etc. as laid down in the case of Mahendra Prasad Singh (supra).

This application is, accordingly, disposed.

(Anil Kumar Sinha, J) S.Katyayan/- U T