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Patna High CourtCR. APP (DB)/1042/2019dismissed

Santosh Kumar @ Santosh Singh v. The National Investigation Agency, C G O Complex, Lodi Road New Delhi Through Its Director General

2020-01-14Mr. Justice Ashwani Kumar Singh,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.1042 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== Santosh Kumar @ Santosh Singh, Son of Lalan Singh, Resident of MohallaProfessor Colony, P.S.-Nawada, Ara, District-Bhojpur. ... ... Appellant

Versus

1.

The National Investigation Agency, C G O Complex, Lodi Road, New Delhi through its Director General.

2.

The Additional Superintendent of Police, NIA, B.O. Lucknow, U. P. cum Chief Investigating Officer (C I O).

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Prabhat Ranjan, Advocate For the Respondents :

Mr. Manoj Kumar Singh, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 14-01-2020 This appeal under Section 21(4) of the National Investigation Agency Act, 2008 has been filed questioning the correctness of the order dated 24.05.2019 passed by the learned Special Judge, NIA, Patna in Special Case No.2 of 2019 arising out of RC 5 of 2019 whereby the application for anticipatory bail has been rejected as not maintainable in view of the statutory inhibition under Section 43(D)(4) of the Unlawful Activities (Prevention) Act, 1967.

At the outset, it is pointed out by the learned counsel for the appellant that the appeal has become infructuous

Patna High Court CR. APP (DB) No.1042 of 2019(3) dt.14-01-2020 2/2 as the appellant has already been arrested and remanded to judicial custody.

In view of the submission made above, the appeal is dismissed.

(Ashwani Kumar Singh, J.) (Partha Sarthy, J.) Sanjeet/- U T