Md. Nisar @ Dhoko v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29125 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== MD. NISAR @ DHOKO Son of Late Md. Jalal @ Md. Jahil @ Jallo Resident of Village- Bhikhanpur, P.S.- Amarpur, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Amarpur P.S.Case No. 43/2016, disclosing offences under sections 302, 201, 120B/34 of the Indian Penal Code. Since the petitioner is an accused in a case under section 302 of the Indian Penal Code, considering seriousness of the offence and the allegation, this application for grant of anticipatory bail cannot be entertained in view of the Supreme Court decision in the case of Jai Prakash Singh v. State of Bihar & Anr., reported in (2012)4 SCC 379.

This application for anticipatory bail is, accordingly, rejected.

The petitioner is directed to surrender before the court

Patna High Court Cr.Misc. No.29125 of 2016 (2) dt.20-08-2016 below within two weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merits without being prejudiced by rejection of present application for anticipatory bail. (Chakradhari Sharan Singh, J) Surendra/- U