← Library
Patna High CourtCR. MISC./14649/2016bail granted

Rajoo Sahani @ Rajoo Kumar And ANR v. The State Of Bihar

2016-05-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14649 of 2016 Arising Out of PS.Case No. -246 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajoo Sahani @ Rajoo Kumar Son of Dhanai Sahani

2. Dhanai Sahani S/o late Jagdeo Sahani Both Resident of Village- Bara Baisaha , PS Chakia, District East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Thakur For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Chakia P.S.Case No. 246/2015, disclosing offences under sections 302, 201, 120B of the Indian Penal Code. The petitioners being accused in a case punishable under section 302 of the I.P.C., their application for anticipatory bail cannot be entertained in view of the Supreme Court decision in the case of Jai Prakash Singh v. the State of Bihar & anr., reported in (2012)4 SCC 379.

This application is, accordingly, dismissed.

The petitioners are directed to surrender before the court below within four weeks from today and seek regular bail, if so

Patna High Court Cr.Misc. No.14649 of 2016 (3) dt.06-05-2016 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) Surendra/- U