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Patna High CourtCR. MISC./38433/2015rejected

Nazrul Haque @ Md. Najarul And ORS. v. The State Of Bihar

2016-02-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38433 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -RAUTA District- PURNIA =====================================

1. Nazrul Haque @ Md. Najarul.

2. Md. Ahmad @ Ahmad Raza.

3. Izhar @ Ezhar.

All are sons of Md. Tauhid and resident of village - Panki, P.S. - Rauta, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. S.D. Singh Yadav (A.P.P.) For the Informant : Mr. Nafisuzzoha, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-02-2016 Heard learned counsel, appearing on behalf of the petitioners, learned Additional Public Prosecutor, appearing on behalf of the State, and learned counsel, appearing on behalf of the informant.

This application for grant of anticipatory bail arises out of Rauta P.S. Case No.15 of 2015, disclosing offences under Sections 147, 148, 149, 302 and 120-B of

Patna High Court Cr.Misc. No.38433 of 2015 (3) dt.10-02-2016 2/2 the Indian Penal Code.

In view of the decision of the Supreme Court, in the case of "Jai Prakash Singh vs. State of Bihar & Another" [(2014) 4 SCC 379], I am not inclined to grant the privilege of anticipatory bail to the petitioners, abovenamed, in view of the fact that no exceptional case has been made out for grant of such privilege. This application for anticipatory bail is, accordingly, rejected.

The petitioners, abovenamed, are directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their 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.) Praveen-II/- U T