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Patna High CourtCR. MISC./55832/2017dismissed

Pragash @ Jay Prakash Yadav @ Pragash Yadav v. The State Of Bihar

2017-11-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55832 of 2017 Arising Out of PS.Case No. -127 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Pragash @ Jay Prakash Yadav @ Pragash Yadav, Son of Munshi Yadav, resident of Village- Karhara, P.S.- Salkhua (O.P. Chiraiya), DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Salkhua (Chiraiya O.P.) P.S. Case No. 127 of 2015 instituted for the offence under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 7 of the Arms Act.

Earlier, prayer for anticipatory bail of the petitioner was rejected vide order dated 03.11.2015 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 49951 of 2015. Counsel for the petitioner has submitted that by the said order, prayer for anticipatory bail of co-accused namely, Chhote Lal Yadav has been allowed. The case of this petitioner stands on similar footing except that, this petitioner has criminal antecedent. Since the prayer for anticipatory bail of the petitioner

Patna High Court Cr.Misc. No.55832 of 2017 (2) dt.27-11-2017 2/2 was earlier rejected vide order dated 03.11.2015 passed Criminal Miscellaneous No. 49951 of 2015, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below and disposed off preferably on the same day after looking to the fact that anticipatory bail of the co-accused Chhote Lal Yadav has been allowed by a coordinate Bench of this Court. (Sanjay Priya, J) ajay gupta/- U T