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Patna High CourtCR. MISC./6742/2016rejected

Ram Balak Thakur v. The State Of Bihar

2016-04-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6742 of 2016 Arising Out of PS.Case No. -653 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. Ram Balak Thakur S/o - Late Bulkan Thakur R/v - Cheshi, P.S. - Naubatpur, Distt. - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory arises out of Naubatpur Police Station Case No. 633 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code. Since there is allegation of assault against the petitioner and offence alleged against the petitioner and other accused persons are grave, I am not inclined to grant the privilege of anticipatory bail in the light of Supreme Court's decision in case of Jai Prakash Singh V. The State of Bihar & Anr., reported in (2012) 4 SCC 379. This application is, accordingly, rejected.

The petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for

grant of anticipatory bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U