Mukesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57230 of 2019 Arising Out of PS. Case No.-120 Year-2008 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Mukesh Pandey, Son of Late Vindhyachal Pandey, Resident of VillageKudhnu, P.S.- Chand, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Chand P.S. Case No.120 of 2008 for the offence punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code. The allegation against the petitioner is that petitioner and other persons assaulted the informant by means of fire arm. Learned counsel appearing for the petitioner submits that no fire arm injury was found during investigation, however, police during course of investigation has granted bail to the petitioner and others.

Taking into consideration the submissions made by learned counsel for the petitioner and the law laid down by this Court in Mahendra Prasad Singh Vs. State of Bihar reported

Patna High Court CR. MISC. No.57230 of 2019(2) dt.11-09-2019 2/2 in 2004 (3) PLJR 491 and 2008 (3) PLJR 253 Ram Bilas Singh Vs. State of Bihar, the application for anticipatory bail is not maintainable inasmuch as when the case is initially for nonbailable 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 police bail and appear before the Court without any delay. Accordingly, this application is disposed of with the direction to the petitioner to appear before the Court below within five weeks, then the Court below shall consider his prayer for bail, keeping in view the well established principle that a person, who is already on bail, shall not be denied such privilege unless there is any allegation of misuse, etc. Accordingly, this petition stands disposed of. (Anil Kumar Sinha, J) sanjeev/- U T