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Patna High CourtCR. MISC./5647/2019dismissed

Janardan Mishra v. The State Of Bihar

2019-02-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5647 of 2019 Arising Out of PS. Case No.-421 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== JANARDAN MISHRA Late Amal Mishra Village - Lachhu Chapar Biltia Tola, P.s.- Chanpatia, Distt.- West Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chanpatia P.S. Case No. 421 of 2018 for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 337, 338, 504 506 and 302 of the Indian Penal Code.

On the instigation of the petitioner, other accused persons are said to have assaulted the deceased. In view of the Supreme Court's decision in the case of Jai Prakash Singh vs. The State of Bihar and Another, reported in (2012) 4 SCC 379, I am not inclined to entertain this application. This application is dismissed.

The petitioner is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for

Patna High Court Cr.Misc. No.5647 of 2019(2) dt.01-02-2019 2/2 regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Pawan/- U T