Patna High CourtCR. MISC./23465/2019dismissed

Devendra Yadav @Devendra Kumar Yadav v. The State Of Bihar

2019-04-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23465 of 2019 Arising Out of PS. Case No.-278 Year-2017 Thana- BABUBARHI District- Madhubani ====================================================== DEVENDRA YADAV @ DEVENDRA KUMAR YADAV Son of Bideshi Yadav Resident of Village- Sara, Madana, P.S- Babubarhi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Babubarhi Police Station Case No. 278 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code.

In view of the fact that the case discloses commission of offence under Section 302 of the Indian Penal Code and upon perusal of the First Information Report, it appears that participation of this petitioner in commission of the offence is also alleged, in the light 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

Patna High Court CR. MISC. No.23465 of 2019(2) dt.11-04-2019 2/2 petitioner privilege of anticipatory bail.

This application for anticipatory bail, is hereby, rejected.

The petitioner, Devendra Yadav @ Devendra Kumar 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 √