Karu @ Tabrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39360 of 2017 Arising Out of PS. Case No.-281 Year-2015 Thana- JOKIHAT District- Araria ====================================================== Karu @ Tabrez Son of Bahruddin Resident of Village- Matiyari, Police Station-Jokihat, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anamul Haque For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This is the second attempt on behalf of the petitioner for grant of anticipatory bail in connection with Jokihat Police Station Case No. 281 of 2015, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Earlier, the petitioner's application for grant of anticipatory bail was rejected by an order, dated 06.05.2016, passed in Criminal Misc. No. 02 of 2016 with clear direction to him to surrender before the Court below within four weeks. The petitioner has, evidently, not surrendered and has filed this application.

There are two reasons why I am not inclined to entertain

Patna High Court Cr.Misc. No.39360 of 2017(2) dt.13-09-2017 2/2 this application. Firstly, considering the gravity of the offence punishable under Section 302 of the Indian Penal Code, since no exceptional circumstance is made out, anticipatory bail cannot be granted. Secondly, since earlier his application for anticipatory bail was rejected, the second application for anticipatory bail cannot be entertained.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √