Nesar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40567 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- LAURIA District- West Champaran ====================================================== NESAR MIAN S/O Late Nazir Mian Resident of village-Telpur, P.S.- Lauriya, District- West Champaran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar For the Opposite Party State:

Mr.Dinesh Singh For the Informant :

Mr. Md. Anis Akhtar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Lauriya P.S. Case No. 128 of 2018 for the offence under Section 302/34 of the Indian Penal Code.

It appears that regular bail of co-accused Azad Mian has been rejected by this Court by order dated 05.11.2018 passed in Cr. Misc. No. 73177 of 2018.

Considering the above and considering the gravity of the offence, in the light of Supreme Court's decision in the case of Jai Prakash Singh vs. State of Bihar, reported in (2012) 4 SCC 379, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is accordingly dismissed.

The petitioner is directed to surrender before the

Patna High Court CR. MISC. No.40567 of 2019(2) dt.02-07-2019 2/2 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 of anticipatory bail.

(Chakradhari Sharan Singh, J) Pawan/- U T