Najmul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38590 of 2015 Arising Out of PS.Case No. -557 Year- 2014 Thana -SUPAUL District- SUPAUL ====================================================== Najmul Hoda, Son of Md. Talib, Resident of Village Bhokrahi, P.S. Kishanpur, District Supaul .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Smt.Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Supaul P.S. Case No. 557 of 2014, disclosing offences under Sections 302, 201 and 120B of the Indian Penal Code and 27 (1) of the Arms Act.

However, since the petitioner seeks anticipatory bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code, I am not inclined to grant him the privilege of anticipatory bail in view of the Supreme Court decision in the case of Jai Prakash Singh vs. State of Bihar and Another reported in (2012)4 SCC 379.

Accordingly, this application for anticipatory bail is,

Patna High Court Cr.Misc. No.38590 of 2015 (3) dt.11-02-2016 2/2 hereby, rejected.

The petitioner is directed to surrender before the court below within two weeks and seek regular bail, if so advised. If he does so, his 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) Vats/- U T