Ram Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58270 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -KUNAULI DistrictSUPAUL ===================================== Ram Prasad Yadav, Son of Late Soti Yadav, resident of Village-Bathnaha, P.S.-Kunauli, District-Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kanauli P.S. Case No.23 of 2015, disclosing offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

In view of the decision of the Supreme Court, in the case of "Jai Prakash Singh vs. State of Bihar & Another", reported in (2014) 4 SCC 379, I am not

Patna High Court Cr.Misc. No.58270 of 2015 (2) dt.01-02-2016 2/2 inclined to grant the privilege of anticipatory bail to the petitioner, abovenamed.

This application for anticipatory bail is, accordingly, rejected.

The petitioner, abovenamed, 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 on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner is an old person. It is expected that learned court below, while considering the prayer for regular bail of the petitioner, shall keep in mind this aspect also.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T