IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21697 of 2011
Sukur Mohammed @ Chellu
Versus
The State Of Bihar
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2/- 08.07.2011 Heard learned counsel for the petitioner and
learned counsel appearing for the State.
Apprehending his arrest in connection with
Abadpur P.S. Case No. 9 of 2009 registered for the
offence under sections 147, 341,323, 307, 379 and 354
of the Indian Penal Code, the petitioner has prayed for
grant of bail.
Taking into consideration the submission
made on behalf of the petitioner as also the pleadings
made in the petition, I am of the view that application
under Section 438 (2) of the Cr.P.C. is not maintainable
since the petitioner was already on police bail.
In that view of the matter, the present
application is dismissed as not maintainable.
The petitioner may seek remedy before the
appropriate court and may also cite the judgments of
this Court, wherein this issue has been decided that if
a person is on police bail he should seek regular bail
and not anticipatory bail. There is also guideline for
consideration of regular bail by the learned Magistrate.
The petitioner is at liberty to place all these materials
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before the Magistrate, who will consider the same and
pass appropriate order in accordance with law.
Sanjeet/- (Ashwani Kumar Singh, J.)