Birendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5361 of 2016 Arising Out of PS.Case No. -310 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Birendra Singh

2. Rajiv Singh Both sons of Ram Balak Singh resident of Village Lodhi Dih, P.s. Mufassil (Singhaul) District- Begusarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Smt. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Muffasil P.S. Case No. 310/2015, disclosing offences under sections 147, 148. 149. 307, 326 and 302 of the Indian penal Code and Section 27 of the Arms Act.

The petitioners are accused in a case under section 302 of the Indian Penal Code. I am not inclined to grant them privilege of anticipatory bail in view of the Supreme Court decision in the case of Jai Prakash Singh v. the State of Bihar & anor., reported in (2012)4 SCC 379.

This application is, accordingly, rejected.

Patna High Court Cr.Misc. No.5361 of 2016 (3) dt.16-03-2016 The petitioners are directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merits, without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Surendra/- U