Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47890 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -BASOPATTI District- MADHUBANI ====================================================== Manoj Kumar Yadav, Son of Kishori Yadav, Resident of VillageManmohan , P.S. Basopatti, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha For the Informant : Mr. Rohit Kumar Mr. J.K. Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-12-2016 Heard both sides.

The petitioner prays for grant of anticipatory bail in Basopatti P.S. Case No. 148 of 2015 registered under Sections 379, 504 and other allied Sections of the India Penal Code. It is stated that during the investigation, the petitioner was given the privilege of police bail under Section 41(1) of the Code of Criminal Procedure. Referring to the above, learned Sessions Judge has declined to grant the privilege of anticipatory bail as the petitioner had no reasonable apprehension. The counsel for the petitioner states that this Court has recently held that even in such case, the application would be maintainable. Reliance in this regard has been placed in the case

Patna High Court Cr.Misc. No.47890 of 2016 (2) dt.08-12-2016 2/2 of Gauri Shankar Roy Vs. State of Bihar, reported in 2015 (3) P.L.J.R. 618.

In view of the observations made therein, the petitioner should surrender and pray for regular bail, whereafter the court below will consider the fact that the petitioner had been granted the privilege of police bail and has not misused the same and pass appropriate order.

The anticipatory bail application is disposed of. (Kishore Kumar Mandal, J) rohit/- U T