Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14863 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Santosh Kumar Son of Rajendra Ram resident of village - Gandhi Nagar, P.S. and District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajan For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jehanabad Police Station Case No. 59 of 2016, disclosing offences under Sections 326, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Considering the fact that the petitioner is an accused in a case punishable under Section 302 of the Indian Penal Code and there is allegation that at his instance, the co-accused, Shankar Yadav, opened fire, leading to the death of the deceased, taking note of the decision of the Supreme Court in the case of Jai Prakash Singh v. State of Bihar and Another, reported in

Patna High Court Cr.Misc. No.14863 of 2016 (2) dt.04-05-2016 2/2 (2012) 4 SCC 379, I am not inclined to entertain this application.

This application for anticipatory bail, is hereby, rejected.

The petitioner, Santosh Kumar, 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 by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √