Patna High CourtCR. MISC./39046/2015rejected

Uday Ram @ Raktu Ram v. The State Of Bihar

2015-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39046 of 2015 Arising Out of PS.Case No. -314 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Uday Ram @ Raktu Ram S/o Ram Bali Ram Resident of Village Sheikhpura, Khajuri, P.S. Naubatpur, District Patna. ....... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.1, Advocate For the Opposite Party/s : Mr. B.N.Pandey,APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Naubatpur PS Case No. 314 of 2014, disclosing offences under Sections 302/379/120B of the Indian Penal Code read with Section 27 of the Arms Act.

In view of the fact that the petitioner is an accused in a case under Section 302 IPC, I am not inclined to grant the petitioner privilege of anticipatory bail.

Learned counsel for the petitioner referring to various Annexures to the present application has submitted that seven out of the eleven persons named in the FIR have been granted regular bail. It appears from the order dated 23.3.2015 passed in Cr. Misc. No. 822 of 2015 that one of the co-accused

Patna High Court Cr.Misc. No.39046 of 2015 (2) dt.28-09-2015 2/2 has been refused the prayer for regular bail. Be that as it may, this application is rejected with a direction to the petitioner to surrender before the court below within two weeks from today and seek regular bail, if so advised. If he does so, the court below will consider his prayer for regular bail on its own merit without being prejudiced by the present order rejecting his application for anticipatory bail, taking into account the fact that other similarly situated persons have been granted regular bail.

(Chakradhari Sharan Singh, J) mrl U T