Rameshwar Prasad @ Rameshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7275 of 2023 Arising Out of PS. Case No.-29 Year-2009 Thana- PAKRIDAYAL District- East Champaran ====================================================== RAMESHWAR PRASAD @ RAMESHWAR PASWAN Son of Late Vilas Paswan Resident of Village - Dumarbana, P.S.- Pakaridayal, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel next submits that after institution of the FIR the petitioner was granted police bail, thereafter, charge-sheet came to be submitted. It is next submitted that the learned Trial Court thereafter took cognizance and for the first time summons against the petitioner was issued on 05.01.2022. It is thus submitted that it was only after issuance of summons that petitioner came to know that cognizance in the case has been taken. The learned counsel next submits that petitioner apprehends his arrest on the ground that now cognizance has

Patna High Court CR. MISC. No.7275 of 2023(2) dt.22-05-2023 2/2 been taken by the learned Trial Court.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner should go and surrender and seek bail in terms of the order dated 12.04.2004 in the case of Mahendra Prasad Singh Vs. The State of Bihar wherein it has been held that the law is clear that a person who is already on bail shall not be denied such privilege unless there are any allegations of misuse etc. The learned counsel for the petitioner at this stage seeks permission to withdraw the anticipatory bail application with a liberty to surrender before the learned Trial Court in terms of the order dated 12.04.2004 in Cr. Misc. No. 7034 of 2004 (Mahendra Prasad Singh Vs. The State of Bihar) Reported in 2004 (3) PLJR-491.

In the event, if the petitioner surrender before the learned Trial Court within six weeks from today, the learned Trial Court shall consider his application in terms of the order dated 12.04.2004 in Cr. Misc. No. 7034 of 2004 (Mahendra Prasad Singh Vs. The State of Bihar).

(Satyavrat Verma, J) GauravSinha/- U T