Oshihar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28740 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== OSHIHAR YADAV Son of Late Sampat Yadav, Resident of Village-Sultanpur Dahabari, P.S-Andar, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hussainganj P.S. Case No. 48 of 2018, disclosing offences under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is no material for implication of this petitioner in the present case.

Be that as it may, considering the criminal antecedent of the petitioner, which is one of the listed considerations for deciding an application under Section 438 of the Cr. P.C., I am not inclined to grant him the privilege of anticipatory bail. This application is accordingly dismissed.

However, the petitioner is directed to surrender in the

Patna High Court CR. MISC. No.28740 of 2019(2) dt.01-05-2019 2/2 court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T