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Patna High CourtCR. MISC./19163/2016rejected

Rameshwar Rai v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19163 of 2016 Arising Out of PS.Case No. -84 Year- 2015 Thana -AGIAUN District- BHOJPUR ======================================================

1. Rameshwar Rai Son of Late Saryug Rai, Resident of Village - Ashlam Bahadurpur, P.S. - Agion, District - Bhojpur (Ara) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithlesh Prasad Singh For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Agion (G) P.S. case No. 84 of 2015, disclosing offences under Sections 147,148,149,448,324,307 and 302 of the Indian Penal Code. Considering the fact that the petitioner is an accused under Section 302 of the Indian Penal Code and his participation has been alleged him, I am not inclined to grant him privilege of anticipatory bail in view of 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 petitioner is directed to surrender before the Court

below within 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. (Chakradhari Sharan Singh, J) ArunKumar/- U