The court held that an anticipatory bail petition was not maintainable as the petitioner had already been granted police bail and was not in custody, dismissing the petition as infructuous. However, the petitioner was directed to surrender within six weeks.
Petition dismissed as infructuous; petitioner directed to surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68609 of 2018
Arising Out of PS. Case No.-74 Year-2018 Thana- BHAGALPUR GRP CASE DistrictBhagalpur
====================================================== Samro Devi
... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 13-12-2018
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends her in a case registered for the offences punishable under Sections 379 of the Indian Penal Code.
Petitioner is not named in the first information report but in course of investigation, she was found using the stolen mobile and, accordingly, she was made accused in the present case. However, in the impugned order dated 18.09.2018 passed by the learned 7th Additional Sessions Judge, Bhagalpur goes to show that the petitioner was granted police bail under section 41(1) of the Cr.P.C.
In view of the aforesaid fact, this anticipatory bail
Patna High Court Cr.Misc. No.68609 of 2018(2) dt.13-12-2018 2/2
petition is not maintainable as the petitioner has already taken into custody and released on police bail and, therefore, this petition stands dismissed being infructuous.
However, petitioner is directed to surrender before the court below within six weeks if she does so, the concerned court shall pass appropriate order keeping in mind the law laid down by a co-ordinate Bench of this Court in case of Mahendra Prasad Singh v/s State of Bihar reported in 2004(3) PLJR 499.
N.K/-
(Hemant Kumar Srivastava, J)
U T
2 issues framed by the court
Whether an anticipatory bail petition is maintainable when the petitioner has already been granted police bail under Section 41(1) Cr.P.C.
Whether the petitioner should be directed to surrender to the court below.
Samro Devi
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
