Patna High CourtCR. MISC./19310/2016rejected

Sk. Kamal @ Habbu @ Dabbu v. The State Of Bihar

2016-05-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19310 of 2016 Arising Out of PS.Case No. -85 Year- 2015 Thana -AMDABAD District- KATIHAR =====================================

1. Sk. Kamal @ Habbu @ Dabbu, S/o SK. Jahangir, R/o Bairiya, P.S.-Amdabad, District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Parmanand Pd. (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Amdabad P.S. Case No.85 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that other co-accused persons have been granted regular bail by this Court. It has further been submitted that on the date of occurrence, the petitioner was not there at the place of occurrence and he is student

Patna High Court Cr.Misc. No.19310 of 2016 (2) dt.18-05-2016 2/2 of B.A. in B.S. College, Katihar.

Considering the fact that the petitioner is an accused in a case registered under Section 302 of the Indian Penal Code, I am not inclined to grant him the privilege of anticipatory bail.

This application is, accordingly, rejected.

The petitioner, abovenamed, is directed to surrender before 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 shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant anticipatory bail.

It is observed that the Court, while considering the application for regular bail of the petitioner, will take into account the fact that other co-accused persons have been granted regular bail by this Court.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T