Chhote Kumar @ Krishnandan Kumar @ Krishan Ranjan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14691 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -SC/ST District- - ======================================================

1. Chhote Kumar @ Krishnandan Kumar @ Krishan Ranjan Kumar

2. Nanhe Kumar @ KUndan Kumar. Both are Sons of Ram Prasad Sharma Resident of Village-Jhurathi, P.S.-Parasbigha District-Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Smt. Usha Kumari No.I, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in Jehanabad SC/ST Act P.S. Case No.22 of 2016, registered for the offences punishable under Sections 341/342/504/34 of the Indian Penal Code and Section 3(i)(5) of the Prevention of Scheduled Caste and Scheduled Tribes Atrocities Act, pending in the Court of Chief Judicial Magistrate, Jehanabad.

Learned counsel for the petitioners prays for withdrawal of this application for the reason that petitioners are already on police bail. Hence, this anticipatory bail application is not maintainable in view of the judgment of this Court in Mahendra Prasad Singh V. The State of Bihar, reported in 2004(3) PLJR

Patna High Court Cr.Misc. No.14691 of 2017 (3) dt.26-04-2017 2/2

491. There is no reason that in the event of surrender of the petitioner the Court-below would send him to jail especially when there is material to substantiate that the petitioner has not misused the privilege of bail granted by the police.

Accordingly, the application is disposed of.

(Birendra Kumar, J) Mkr./- U T