High Court Patna High Court - Orders

Harendra Thakur vs The State Of Bihar on 26 March, 2011

Patna High Court – Orders
Harendra Thakur vs The State Of Bihar on 26 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.42105 of 2010
                                 HARENDRA THAKUR .
                                           Versus
                                THE STATE OF BIHAR .
                                         -----------

3 26.3.2011 Petitioner was earlier on police bail in

connection with. Majorganj P.s. case No. 46 of 2010,

since, all offences were bailable. Subsequently

section 308 of the Indian Penal Code has been

included in the charge-sheet and that is the reason

the petitioner has filed this application for anticipatory

bail.

It is well settled law that once petitioner was

on police bail, his anticipatory bail was not

maintainable. In this regard, reported decisions of the

High Court are there.

Petitioner should surrender before the Chief

Judicial Magistrate, Sitamarhi, who will consider the

legal aspect of the matter and also that for similar

allegation complaint case No. 557 of 2010 was filed by

Subita Devi, in which petitioner has been granted bail.

This application is dismissed.

( Mridula Mishra, J.)
A. Kumar