Salim Ali And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14643 of 2016 Arising Out of PS.Case No. -83 Year- 2015 Thana -BELDAUR District- KHAGARIA ======================================================

1. Salim Ali S/o Md. Lilkun

2. Md. Akhtar Ali s/o Samid Ali Both are resident of Village- Sukharghat, PS Alamnagar,m District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2016 Heard learned counsel, appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Beldaur P.S. Case No. 83 of 2015 ( G.R. No. 1012 of 2015), disclosing offences under Sections 302, 120B read with Section 34 of the Indian Penal Code.

Since the petitioners are an accused in a case under Section 302 of the Indian Penal Code, I am not inclined to grant them privilege of anticipatory bail in view of the Supreme Court decision in case of Jai Prakash Singh Vs. the State of Bihar & anr., reported in (2012) 4 SCC 379.

This application is, accordingly, rejected.

The petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their 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) ArunKumar/- U