Sikandar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14700 of 2016 Arising Out of PS.Case No. -145 Year- 2013 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Sikandar Yadav S/o Late Rajpati Yadav

2. Jiwachh Yadav, S/o Late Deo Nandan Yadav Both resident of villageBanbhaura, P.S.- Bithan, District- Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bithan P.S.Case No. 145/2013, disclosing offences under section 302/34, 379/120B of the Indian Penal Code, section 27 of the Arms Act and section 3/4 of the Explosive Substance Act. The petitioners are accused in a case under section 302 of the Indian Penal Code. I am not inclined to entertain this application for grant of anticipatory bail, considering the Supreme Court decision in the case of Jai Prakash Singh v. the State of Bihar & anr., reported in (2012)4 SCC 379.

This application is, accordingly, rejected.

The petitioners are directed to appear before the court

Patna High Court Cr.Misc. No.14700 of 2016 (2) dt.29-04-2016 below and seek regular bail within four weeks from today, if so advised. If they do so, their application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Surendra/- U