Pintu Ram @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83887 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Pintu Ram @ Pintu Kumar S/O Santosh Ram R/O Village- Daudpur, OPcopra (Kalpa), PS and Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jehanabad (Kalpa O.P.) P.S. Case No. 142 of 2024 lodged on 17.02.2024, for the offences punishable under Sections 363, 365 & 34 of the Indian Penal Code and later on Sections 411, 364, 302, 201 & 120B of the I.P.C. was added.

3. As per the prosecution, FIR has been lodged against two named accused persons and three unknown persons against whom there is an allegation that they have kidnapped the informant's husband.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR, rather, the

Patna High Court CR. MISC. No.83887 of 2024(3) dt.19-03-2025 2/3 specific allegation has been made against two accused persons and only on suspicion, name of the petitioner has been inserted in this case. Counsel submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that though, petitioner is not named in the FIR, but in the rejection order, there is material against the petitioner. Counsel submits that on earlier occasion, case diary has been called for and from the case diary, it become clear that the process of attachment has been issued against him.

6. In response thereof, Counsel for the petitioner submits that the said process of attachment has been issued after filing of the present anticipatory bail application.

7. Upon perusal of the records, it transpires to this Court that this anticipatory bail application has been filed and registered on 28.11.2024, whereas, the attachment process has been issued on 28.09.2024 i.e. prior to filing of the present anticipatory bail application.

8. In this view of the matter, this anticipatory bail application is not entertainable and petitioner is hereby directed to surrender before the Trial Court within four weeks from today. In case, petitioner surrenders within four weeks, then the

Patna High Court CR. MISC. No.83887 of 2024(3) dt.19-03-2025 3/3 Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

9. Accordingly, the present anticipatory bail application is hereby disposed off.

(Dr. Anshuman, J) Divyansh/- U T