Patna High CourtCR. MISC./38361/2014rejected

Asraf Ali @ Md. Asfar Ali @ Asraf v. The State Of Bihar

2015-08-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38361 of 2014 Arising Out of PS.Case No. -108 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Asraf Ali @ Md. Asfar Ali @ Asraf, Son of Sudi Mian, resident of Village - Panapur, P.S. - Baruraj, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Baruraj P.S. Case No. 108 of 2014, disclosing offences under Sections 394, 302 and 120B of the Indian Penal Code and Section 25 (1-B) of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been implicated falsely, in the present case merely on the basis of suspicion. He submits that the Supervising Officer, in course of investigation, has come to a conclusion that accusation against the petitioner is correct. Be that as it may, since the petitioner is named accused in a case under Section 302 of the Indian Penal Code, I

Patna High Court Cr.Misc. No.38361 of 2014 (5) dt.28-08-2015 2/2 am not inclined to grant the privilege of anticipatory bail to the petitioner in view of Supreme Court decision in case of Jai Prakash Singh vs. State of Bihar and Another reported in (2012)4 SCC 379.

Accordingly, this application for anticipatory bail is, hereby, rejected.

The petitioner is directed to surrender before the court below within six 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