Manoj Kumar Roy @ Manoj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3240 of 2024 Arising Out of PS. Case No.-35 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Manoj Kumar Roy @ Manoj Ray S/O- Ramnarayan Roy VillageMansinghpatti Ps- Basopatti Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Basopatti PS Case No. 35 of 2022 registered for the offences punishable under Sections 420 of the Indian Penal Code and Sections 63 and 65 of Copy Right Act, 1957. 3.

The learned counsel for the petitioner submits that petitioner initially was on police bail, but thereafter charge-sheet came to be submitted, as such, the petitioner apprehends his arrest.

4.

The learned APP vehemently rebuts the submission of the learned counsel for the petitioner and submits that since petitioner was on police bail, as such the present anticipatory bail application is not maintainable and submits that petitioner

Patna High Court CR. MISC. No.3240 of 2024(2) dt.12-02-2024 2/2 should seek his remedy available in law in terms of the law settled by this court in the cases of Mahendra Pratap Singh Vs. the State of Bihar reported in 2004 (3) PLJR 491, Sheo Chandra Singh Vs. the State of Bihar reported in 2007 (4) BBCJ V-66 and Jagnarayan Yadav and Ors. Vs. the State of Bihar, reported in 2010 (2) PLJR 684 wherein this court has clearly laid that once an accused is on police bail and chargesheet comes to be submitted then what steps have to be taken by the learned trial court.

5.

In view of the submission made by the learned APP, the present anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial court on or before 4-3-2024 and the learned trial court shall on the same day dispose of the application keeping in mind the law enunciated by this court as recorded hereinabove. (Satyavrat Verma, J) SUMIT/- U T