← Library
Patna High CourtCR. MISC./7148/2019dismissed

Lalak Mochi @ Rajkumar Mochi v. The State Of Bihar

2019-02-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7148 of 2019 Arising Out of PS. Case No.-1137 Year-2018 Thana- BIHTA District- Patna ====================================================== Lalak Mochi @ Rajkumar Mochi, son of Late Pitambar Mochi, Resident of Village - Itwan, P.O.- Doghra, P.S. - Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bihta Police Station Case No. 1137 of 2018, disclosing offences under Sections 302/201/34 of the Indian Penal Code. Considering the fact that the petitioner is an accused in a case under Section 302 of the Indian Penal Code, in view of the Supreme Court's decision in the case of Jai Prakash Singh v. State of Bihar and Another, reported in (2012) 4 SCC 379, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application for anticipatory bail, is hereby, rejected.

Patna High Court Cr.Misc. No.7148 of 2019(2) dt.07-02-2019 2/2 The petitioner, Lalak Mochi @ Rajkumar Mochi, 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 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.) ragini/- U