IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42105 of 2010
HARENDRA THAKUR .
Versus
THE STATE OF BIHAR .
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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