Patna High CourtCR. MISC./38578/2015rejected

Rupesh Kumar v. The State Of Bihar

2016-02-12Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.38578 of 2015 (3) dt.12-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38578 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Rupesh Kumar Son of Dina Kunwar R/o village sonbarsha, P.s Bihpur,District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bihpur ( Jhandapur) P.S. Case No. 17 of 2015, disclosing offences under Sections 326,427, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

In view of the Supreme Court's decision in case of Jai Prakash Singh Vs. State of Bihar and another reported in (2012) 4 SCC 379, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

This application for anticipatory bail is rejected. Petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so

Patna High Court Cr.Misc. No.38578 of 2015 (3) dt.12-02-2016 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