Raja Pathak @ Braj Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58233 of 2015 Arising Out of PS.Case No. -143 Year- 2015 Thana - JANDAHA District- VAISHALI(HAJIPUR) ===================================== Raja Pathak @ Braj Raj Kumar, S/O Suresh Pathak, resident of village- Rampur Baghel, P.S.- Sahdei (Desari O.P.)District Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Singh. Advocate For the Opposite Party : Mr. Uma Nath Mishra, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Jandaha PS Case No. 143 of 2015 disclosing offences under Section 394 of the Indian Penal Code and Section 27 of the Arms Act and added Section 302 of the Indian Penal Code.

In view of the decision of the Supreme Court in the case of Jai Prakash Singh vs. State of Bihar & Another [(2014) 4 SCC 379], I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly rejected.

The petitioner is directed to surrender before

Patna High Court Cr.Misc. No.58233 of 2015 (2) dt.01-02-2016 2/2 the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail, in connection with Jandaha PS Case No. 143 of 2015, shall be considered on its own merits without being prejudiced by rejection of the present application for anticipatory bail.

(Chakradhari Sharan Singh, J) mrl.

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