SANJAY KUMAR DWIVEDI
Swarup Kumar Barik, son of Virendra Barik – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Vikas Kumar, the learned counsel appearing on behalf of the petitioner and Mr. Suraj Verma, the learned counsel appearing on behalf of the State.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. This petition has been filed for quashing the order dated 13.01.2020 passed in A.B.P. No.1 of 2020 by learned Sessions Judge, East Singhbhum at Jamshedpur, whereby the Opposite Party nos.2, 3 and 4 have been granted anticipatory bail.
4. On perusal of Section 439(2) Cr.P.C, it transpires that the High Courts as well as the court of Sessions are having power to exercise under that section. The anticipatory bail has been granted by the learned Sessions Judge, East Singhbhum, Jamshedpur, it will be proper for the petitioner to file petition before the learned Sessions Judge under section 439(2) Cr.P.C.
5. The petitioner, if so advised, may approach the learned Sessions Judge, East Singhbhum, Jamshedpur and take all the grounds
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