Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10461 of 2019 Arising Out of PS. Case No.-264 Year-2017 Thana- BARH District- Patna ====================================================== ARBIND YADAV Son of Yogi Rai Resident of Village-Pachhiyari Malahi Salempur Barh, P.S.- Barh , District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barh P.S. Case No. 264 of 2017 for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Considering the fact that petitioner is an accused under Section 302 of the Indian Penal Code, I am not inclined to grant him privilege of anticipatory bail in view of the Supreme Court's decision in case of Jai Prakash Singh vs. The State of Bihar and Others, reported in 2012(4) SCC 379 This application is accordingly 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.10461 of 2019(2) dt.22-02-2019 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