Patna High Court - Orders
Santosh Sah @ Santosh Kumar vs The State Of Bihar on 30 August, 2023
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55041 of 2023
Arising Out of PS. Case No.-434 Year-2022 Thana- CHANPATIA District- West Champaran
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SANTOSH SAH @ SANTOSH KUMAR S/O RAMKSHATRI SAH R/O
VILLAGE- SHEMBHUAPUR, P.S- CHANPATIYA, DISTT.- WEST
CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Akshay Lal Pandit
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 30-08-2023Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Chanpatiya Rail Police Station Case No. 434 of 2022, disclosing offences under Sections 147/148/149/341/323/324/307/354/379/504/506 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that while the informant was sitting at her door, the petitioner, along with other accused persons, arrived at her house and started abusing her and upon objection, the petitioner along with other accused persons assaulted her. When the informant's son and cousin came to the rescue, the informant's Patna High Court CR. MISC. No.55041 of 2023(2) dt.30-08-2023 2/3 son was assaulted by co-accused Dilkhush Kumar by means of knife on the hand and informant's cousin was assaulted by the petitioner by means of farsa on his head, due to which they sustained injury.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to previous enmity and ulterior motive on the account of village politics.
Learned Counsel for the petitioner further submits that taking into account the above fact, the Police has granted bail to the petitioner and the petitioner is at present on police bail.
After having heard learned Counsel for the parties and taking into consideration the law laid down by this Court, in the cases of Mahendra Prasad Singh v. The State of Bihar, reported in 2004 (3) PLJR 491 and Ram Vilas Singh v. The State of Bihar, reported in 2008 (3) PLJR 253, this application, for anticipatory bail, is not maintainable inasmuch as this Court has held that since the case was initially for non-bailable offences wherein the petitioner was taken into custody and then released on bail by the police, an application for anticipatory bail on the ground that he has an apprehension of arrest in the Patna High Court CR. MISC. No.55041 of 2023(2) dt.30-08-2023 3/3 same case cannot be held to be maintainable and petitioner must honour the terms of police bail and appear before the Court without any delay.
Accordingly, this application is disposed of with the direction that the petitioner shall appear before the Court below within a period of five weeks, the Court below shall consider his prayer for bail in accordance with law keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse of the same.
(Anil Kumar Sinha, J) ashwani/-
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