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Patna High CourtCR. MISC./25788/2017rejected

Ajay Yadav v. The State Of Bihar

2017-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25788 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Ajay Yadav Son of Munshi Yadav @ Munshi Prasad Yadav Resident of Village-Kodiya P.S.-Fatehpur, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Fatehpur Police Station Case No. 76 of 2016, disclosing offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Considering the gravity of the offences and the fact that the petitioner has criminal antecedent, in view of the Supreme Court's decision in the case of Jai Prakash Singh v. State of Bihar and Another, reported in (2012) 4 SCC 379, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application for anticipatory bail, is hereby,

Patna High Court Cr.Misc. No.25788 of 2017 (2) dt.11-07-2017 2/2 rejected.

The petitioner, Ajay Yadav, 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 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.) Prabhakar Anand/- U √ T √