Rajendra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19690 of 2016 Arising Out of PS.Case No. -375 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Rajendra Roy Son of Late Horil Roy resident of village- Mahua Mukundpur, P.S.- Mahua, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Aditya Narayan For the Opposite Party/s : Mrs. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-05-2016 Heard Sri Aditya Narayan, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Mahua P.S. Case No. 375 of 2015 registered for the offence under Sections 147, 148, 149, 353, 323, 333, 307, 342, 337/338, 435 of the Indian Penal Code and Sections 3/4 of Essential Service Maintenance Act, 1981, has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that almost in similar situation, some of the accused persons have been granted privilege of anticipatory bail by a Bench of this Court by order dated 30-11-2015 passed in Cr. Misc. No. 54227 of 2015. In view of nature of accusation, at least I am of the opinion that in such cases, normally anticipatory bail may not be

Patna High Court Cr.Misc. No.19690 of 2016 (2) dt.20-05-2016 2/2 granted. Since others have been granted anticipatory bail, instead of dismissing the present petition, I propose to dispose of the present petition, with an observation that if petitioner appears before the court below and makes a prayer for regular bail within a period of six weeks from today, the learned court below may examine the same and pass appropriate order in accordance with law. While considering the bail petition, the learned court below, keeping in the mind that some of the other accused persons having similar accusation have been granted anticipatory bail, may pass order on the bail petition preferably on the same date. The petition stands disposed of.

(Rakesh Kumar, J.) Anay U T