Rajo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18997 of 2016 Arising Out of PS.Case No. -473 Year- 2014 Thana -SAHARSA District- SAHARSA ====================================================== Rajo Yadav, Son of Late Ayodhi Yadav, Resident of Village- Batraha, Ward No.25, P.S. Sadar, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Saharsa Sadar P.S. Case No. 473 of 2014 (G.R. No. 1700 of 2014), disclosing offences under Sections 147, 148, 149, 307, 323, 341, 448, 504 and 506 of the Indian Penal Code. It is submitted on behalf of the petitioner that he was on Police bail in course of investigation. It has further been submitted that Police upon completion of investigation submitted chargesheet only under bailable Sections of the Indian Penal Code. Learned Chief Judicial Magistrate, Saharsa has, however, taken cognizance for the offence under Section 307 of the Indian Penal Code also, differing with the Police report.

Patna High Court Cr.Misc. No.18997 of 2016 (2) dt.10-05-2016 2/2 Considering the submission that the petitioner was on Police bail, it is directed that if the petitioner applies for grant of bail before the court below, it shall be considered strictly in terms of the decision of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) PLJR 491.

This application stands disposed of with the observation as above.

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