Surendra Sahni @ Sulindra Sukni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1135 of 2018 Arising Out of PS.Case No. -60 Year- 2013 Thana -ANGARGHAT District- SAMASTIPUR ======================================================

1. Surendra Sahni @ Sulindra Sukni son of Nandan Sahni

2. Asha Devi wife of Surendra Sahni

3. Mantun Sahni son of Ram Bilas sahni All are resident of village- Chaita Sought Tola, Sagma, P.S. Angarghat, District- Samastipur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Angarghat P. S. Case No. 60 of 2013 registered under Sections 147, 148, 341, 342, 323, 324, 307, 379 and 504 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the learned counsel for the petitioners that prior to submission of charge-sheet, the petitioners were on police bail and since the charge-sheet has been submitted inter alia under Section 307 of the Indian Penal Code, the petitioners apprehend their arrest at the hands of the

Patna High Court Cr.Misc. No.1135 of 2018 (2) dt.19-01-2018 2/2 police.

In the opinion of this Court, the argument advanced by the learned counsel for the petitioners is misconceived. Once the police granted bail to the petitioners, an application under Section 438 of the Criminal Procedure Code would not be maintainable.

In that view of the matter, the application is dismissed as not maintainable.

The petitioner may surrender and seek bail in the light of the facts and law involved in this case. (Ashwani Kumar Singh, J.) Kanchan/- U T