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Shailendra Kumar Singh @ Sailendra ... vs The State Of Bihar on 17 August, 2012

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.29600 of 2012
                 ======================================================
                 Shailendra Kumar Singh @ Sailendra Kumar Singh
                                                                      .... .... Petitioner
                                                 Versus
                 The State Of Bihar
                                                                 .... .... Opposite Party
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER


2   17-08-2012

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the informant Sushil Kumar Singh was shot fire by some unknown persons. Subsequently, he succumbed to injuries. The name of the petitioner surfaced during investigation.

It is submitted by learned counsel for the petitioner that one Balwant Kumar Singh was granted anticipatory bail till conclusion of investigation. Thereafter, Balwant Kumar Singh has been granted anticipatory bail vide Cr. Misc. No. 36767 of 2010 by this Court.

In view of this Court, the anticipatory bail application is not maintainable in view of ratio 2 Patna High Court Cr.Misc. No.29600 of 2012 (2) dt.17-08-2012 2/2 laid down in the case of Bishundeo Sahu Vs. The State of Bihar, reported in 2011(1) P.L.J.R.731. Let the learned court below consider prayer for regular bail of the petitioner if he surrenders within a period of six weeks from the date of receipt of copy of this order in view of ratio laid down in the aforesaid case and considering the fact that some other similarly situated accused has been granted anticipatory bail by this Court.

With this observation, the application is disposed off in connection with Madanpur P.S. Case No. 186 of 2009 pending in the court of the learned C.J.M., Aurangabad.

Let the order be faxed to the learned court below at the cost of the petitioner.

U.K./-                                                (Dinesh Kumar Singh, J)