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Ram Swaroop Sao @ Chhotan Sao vs The State Of Bihar on 17 October, 2014

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.37745 of 2014
                      Arising Out of PS.Case No. -96 Year- 2014 Thana -KURTHA District- JEHANABAD
                 ======================================================
                 Ram Swaroop Sao @ Chhotan Sao, son of Late Jhagru Sao, resident of
                 village - Dhamul, P.S. Kurtha, District Arwal
                                                                      .... .... Petitioner
                                                   Versus
                 The State of Bihar
                                                                 .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner    : Mr. Sanjay Kumar, Advocate
                 For the Opposite Party: Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER

2   17-10-2014

The present application under sections 439 and 440 of the Code of Criminal Procedure has been filed for grant of bail in connection with Kurtha P.S. Case No.96 of 2014 registered for the offences punishable under sections 147, 148, 149, 341, 323 and 438 of the Indian Penal Code and Section 16 of the Unlawful Activities (Prevention) Act, 1967.

In view of the law laid down by a Division Bench of this Court vide order dated 4th August, 2014 passed in Criminal Writ Jurisdiction Case No.487 of 2014 in the matter of AASIF P.K. @ MD. AARIPHA @ AASIF @ MD. AASIPHA @ MD. AASIF @ AARIF Vs. THE STATE OF BIHAR & ORS. , the present application for bail is not maintainable. In the aforesaid judgment, the Division Bench has categorically held that, in cases arising out of offences punishable under the Unlawful Activities Patna High Court Cr.Misc. No.37745 of 2014 (2) dt.17-10-2014 2/2 (Prevention) Act, 1967, High Court cannot invoke its powers under Section 439 of the Code of Criminal Procedure to grant bail if it has been refused by the court of Sessions. The Division Bench has further held that if the bail has been refused by the court of Sessions, the aggrieved party may prefer an appeal in terms of section 21 of NIA Act to the High Court. Such an appeal has to be heard by a Division Bench of the High Court and in such an appeal, merit of the order, granting or refusing bail, can be questioned.

Accordingly, the present application is disposed of as not maintainable.

(Ashwani Kumar Singh, J) B.T/-

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