IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19842 of 2011
RAJESH KUMAR @ Rajesh Singh, s/o Late Suresh Prasad Singh resident of
village- Dangi Tola, Rajgir, P.S. Rajgir, District Nalanda.... Petitioner.
Versus
THE STATE OF BIHAR
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2. 27.06.2011 Heard Mr. Amresh Kumar Sinha, learned
for the petitioner and Mr. Shantanu Kumar, learned
A.P.P. for the State.
It is submitted that the petitioner was granted
bail by police itself and after investigation charge-sheet
was submitted against him only under Section 354 I.P.C.
but the learned Chief Judicial Magistrate, Nalanda took
cognizance for the offence punishable under Sections
323, 354, 376/511 and transferred the case to the Court
of SDJM, Nalanda.
Considering the facts and circumstances of
this case, the petitioner must honour the terms of police
bail and appear before the learned magistrate without any
delay. In case the petitioner appears before the court
below within a period of six 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
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privilege unless there is any allegation of misuse etc.
With the aforementioned observation, this
application for anticipatory bail is disposed of.
Let a copy of this order be communicated to
the Court below through Fax on the cost being deposited
by the petitioner.
kanchan (Amaresh Kumar Lal, J.)