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Patna High CourtCR. MISC./58166/2015rejected

Raj Kishore Rai @ Munna Rai v. The State Of Bihar

2016-01-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58166 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -GOPALPUR District- GOPALGANJ ====================================================== Raj Kishore Rai @ Munna Rai son of late Nathuni Rai, resident of villageSanhaula Gokhul, Police Station- Gopalpur, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Singh, Sr. Advocate Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Gopalpur P.S. Case No. 113 of 2014, disclosing offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Considering the fact that the petitioner is an accused in a case under Section 302 of the Indian Penal Code, I am not inclined to grant him the privilege of anticipatory bail in view of the Supreme Court decision in the case of Jai Prakash Singh vs. State of Bihar and Another reported in (2012)4 SCC 379. Accordingly, this application for anticipatory bail is, hereby, rejected.

Patna High Court Cr.Misc. No.58166 of 2015 (2) dt.30-01-2016 2/2 The petitioner is directed to surrender before the court below within four weeks and seek regular bail, if so 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) Vats/- U T