Shankar Kumar Yadav @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38410 of 2014 Arising Out of PS.Case No. -165 Year- 2013 Thana -AGAMKUAN District- PATNA ====================================================== Shankar Kumar Yadav @ Shankar Kumar , son of Om Prakash Yadav, resident of village Mahaveer Asthan Daudbigha, Police Station - Agam Kuan, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

The petitioner, is seeking grant of anticipatory bail in connection with Agam Kuan P.S. Case No.165 of 2013 registered for the offence under Section 147, 447, 323, 354/ 34 of the Indian Penal Code.

Learned counsel for the petitioner accepts that the petitioner during investigation was on police bail and he never misused the privilege of bail.

Learned counsel for the petitioner submits that he is conscious of the fact that in such cases anticipatory bail is not maintainable and he has placed reliance on an order dated 20.3.2014 passed in a case of co- accused of this case vide Cr. Misc. No. 987 of 2014 whereby this court has not entertained the

Patna High Court Cr.Misc. No.38410 of 2014 (2) dt.04-03-2015 2/2 anticipatory bail petition. However, a prayer is being made that this court may also observe in similar manner as has been indicated in the order dated 20.3.2014 which is quoted hereinbelow:- "However, the petitioner is directed to surrender in the court below in connection with Agam Kuan P.S. Case No. 165 of 2013, pending in the court of learned Additional Chief Judicial Magistrate, Patna City, District - Patna , within a period of four weeks from today and make a prayer for regular bail. If such a prayer is made on behalf of the petitioner, then the same shall be heard and decided strictly in accordance with law in the light of the ratio laid down by this court in the cases of Mahendra Prasad Singh vs.

State of Bihar [2004(3) PLJR 491] as also Bishundeo Sahu vs. State of Bihar (Supra) particularly paragraph - 18.

Accordingly, the present petition stands disposed of in same terms.

(Rakesh Kumar, J) Praful/- U T