Dismissed

Anil Yadav v. The State of Bihar

Patna HC10 May 2022CR. MISC./12371/2021

Case brief

AI extract

What is this about?

The High Court dismissed an anticipatory bail petition because Section 83 of the Cr.P.C. had already been issued. The court directed the petitioner to remove defects within one month or the matter would be brought to notice. It noted that the petitioner could seek regular bail which would be considered on merits.

What did the court decide?

Petitioner directed to remove defects within one month; bail application rejected due to issuance of process under Section 83 Cr.P.C.

Anil Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12371 of 2021

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Arising Out of PS. Case No.-44 Year-2020 Thana- RAJGIR District- Nalanda

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======================================================

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ANIL YADAV Son of Yogendra Yadav Resident of Village- Barchhibigha, P.S.- Giriyak, Distt- Nalanda.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Adv. For the Opposite Party/s : Mr. J.N. Thakur, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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6 10-05-2022

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Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149 and 302 of the Indian Penal Code, registered in connection with Rajgir P.S. Case No.44 of 2020.

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During hearing of this anticipatory bail petition it was pointed out by learned Addl. P.P., Mr. J.N. Thakur, that the process under Section 83 of the Cr. P.C. has been issued and the petitioner is not entitled for anticipatory bail.

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In view of aforesaid submission, this application is rejected, in the light of the recent decision in the case of Prem Shankar Prasad vs. State of Bihar and Another (2021 SCC online SC 955).

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If the petitioner surrenders and seeks regular bail before

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Patna High Court CR. MISC. No.12371 of 2021(6) dt.10-05-2022 2/2

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the court below, his bail application shall be considered on their own merit, without being prejudiced by this order.

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Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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SONALI/-

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U T

Anil Yadav v. The State of Bihar

Case brief

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Anil Yadav v. The State of Bihar

Case brief

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