Patna High CourtCR. MISC./21/2017rejected

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

2017-02-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21 of 2017 Arising Out of PS.Case No. -346 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Arun Yadav @ Arun Kumar @ Arun Kumar Yadav, Son of Sitaram Rai, Resident of village - Karia Lalpur, P.S. Runisaidpur, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2017 Heard both sides.

The petitioner apprehends his arrest in Dumra P.S. case No. 346 of 2014 under Section 307 and other Sections of the Indian Penal Code.

The prayer of petitioner for anticipatory bail was earlier rejected by this court vide order dated 30.06.2015 passed in Cr. Misc. No. 51287 of 2014.

The petitioner has again filed this anticipatory bail petition on the ground that some of accused persons, who were ladies, have already been granted anticipatory bail by the learned court below. Of course, the petitioner is named in the FIR but no specific allegation is made against him.

Be that as it may, the prayer of petitioner for

Patna High Court Cr.Misc. No.21 of 2017 (2) dt.08-02-2017 2/2 anticipatory bail was earlier rejected by this court vide order dated 30.06.2015 and the petitioner had assembled at the place of occurrence and pelted stones with a view to get the accused Raj Kumar Rai and Kamlesh Mukhiya released from the police custody. The petitioner did not surrender in the court below for more that one and half years and again filed this petition for anticipatory bail.

I do not find any fresh ground to reconsider the prayer for anticipatory bail of the petitioner and the same is, accordingly, rejected.

If the petitioner surrenders in the court below, i.e., the learned Chief Judicial Magistrate, Sitamarhi in Dumra P.S. case No. 346 of 2014, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T