Balindra Ray @ Bagendra Roy @ Balindar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5202 of 2019 Arising Out of PS. Case No.-24 Year-2005 Thana- MADHUBAN District- East Champaran ====================================================== BALINDRA RAY @ BAGENDRA ROY @ BALINDAR RAY Son of Late Narsingh Resident of Village - Fazilpur, P.S. - Rajepur, District- East Champaran ... ... Appellant

Versus

THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Dhurendra Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 This case is of the year 2005. Learned counsel for the appellant submits that in respect of the occurrence which allegedly took place in the year 2005, cognizance has been taken and summons have been issued at this stage vide Annexure '4' to the present memo of appeal.

Learned Spl. P.P. submits that since summon has already been issued against the appellant, in view of the Hon'ble Division Bench Judgment of this Court in the case of Bisheshwar Mishra & Ors. Vs. The State of Bihar reported in 2016 (4) PLJR 1058 anticipatory bail application cannot be entertained.

Considering the facts and circumstances wherein cognizance has already been taken and the appellant has been summoned on finding a prima facie case against him, in view of the aforesaid judgment of the Hon'ble Division Bench of this

Patna High Court CR. APP (SJ) No.5202 of 2019(2) dt.28-11-2019 2/2 Court, this criminal appeal cannot be entertained. It is dismissed accordingly, leaving it open for the appellant to seek his remedy in accordance with law. (Rajeev Ranjan Prasad, J) avin/- U T