RAM VILAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

(2.) THE petitioner prays for anticipatory bail in a case registered under Ss. 341, 323, 379, 307 and 34 of the Indian Penal Code and Sec. 27 of the Arms Act. The admitted position is that the petitioner was on police bail during the course of investigation and subsequently the charge -sheet was submitted under Ss. 341, 323, 504 and 34 of the Indian Penal Code. However, the cognizance was taken u/s. 307 of the Indian Penal Code also and non -bailable warrant of arrest was issued.

(3.) IN view of the law laid down by this court in the case of Mahendra Prasad Singh V/s. State of Bihar, 2004 3 PLJR 491, it is evident that the application for anticipatory bail is not maintainable as the facts of the case are the same as the facts of the said case. In the said case, this court has held that when the case is initially for non -bailabIe offences wherein the accused is taken into custody and then is released on bail by the police, an application for anticipatory bail on the ground that he has an apprehension of arrest in the case cannot be held to be maintainable. The petitioner must honour the terms of the police bail and appear before the court without any delay. In case, the petitioner appears before the court below within six weeks then the court below shall consider his prayer for bail, keeping in view the well established principle that a person, who is already on bail, shall not be denied such privilege unless there is any allegation of misuse, etc.