Lalu Yadav @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17498 of 2015 Arising Out of PS.Case No. -591 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Rajesh Agrawal @ Rahul Kumar Gupta @ Rajesh Kumar Agrawal @ Bablu Kumar, Son of Sri Janardan Prasad, resident of Mohalla-Piparpati, New Pattipar, Bambaiya House, P.S.-Civil Lines and District-Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20690 of 2015 Arising Out of PS.Case No. -591 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Lalu Yadav @ Sunil Kumar, Son of Kailash Yadav, resident of VillageKashipura, Pokharapar, P.S.-Magadh Medical and District-Gaya. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.17498 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (Spl. P.P.) (In Cr.Misc. No.20690 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl. P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-07-2015 Learned counsel appearing on behalf of the petitioners seeks permission to withdraw Cr. Misc. No. 17498 of 2015 which, according to him, has become infructuous as the petitioner, namely, Rajesh Agrawal @ Rahul Kumar Gupta @ Rajesh Kumar Agrawal @ Bablu Kumar, has been arrested by the police during the pendency

Patna High Court Cr.Misc. No.17498 of 2015 (3) dt.30-07-2015 2/3 of this anticipatory bail application.

Permission is accorded.

Accordingly, Cr. Misc. No. 17498 of 2015 stands disposed of as withdrawn as having become infructuous. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

The petitioner, namely, Lalu Yadav @ Sunil Kumar (Cr. Misc. No. 20690 of 2015) seeks anticipatory bail in a case registered for the offences punishable under Section 364 of the Indian Penal Code and Sections 3(i) (x), 3(2) (v) (vi) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

It has been stated at the Bar that the prayer for regular bail of one of the co-accused, namely, Rajesh Yadav, under similarly situated circumstance, has been refused by this Court by an order dated 08.04.2015 passed in Cr. Misc. No. 12478 of 2015.

Keeping in view the nature of allegation and the order passed by this Court, rejecting the prayer for regular bail of the said co-accused, I am not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail is, accordingly,

Patna High Court Cr.Misc. No.17498 of 2015 (3) dt.30-07-2015 3/3 dismissed.

The petitioner is directed to surrender before the court below within a period of six weeks from today, where his prayer for regular bail shall be considered on its own merit without being prejudiced of instant dismissal. (Chakradhari Sharan Singh, J) Praveen-II/- U T