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Patna High CourtCR. MISC./76428/2018rejected

Md. Majid v. The State Of Bihar

2019-01-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76428 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== Md. Majid S/oMd. Tahir R/o Village Budhiyabandh, P.S. Singwara, Distt. Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

This application for anticipatory bail, arises out of Singhwara P.S. Case No. 132 of 2018 corresponding to G.R. No. 1984 of 2018, disclosing offences under Sections 302, 34, 504, 506, 448 and 354 of the Indian Penal Code.

Considering the fact that the petitioner is an accused of offence punishable under Section 302 of the Indian Penal Code, 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.

Patna High Court Cr.Misc. No.76428 of 2018(3) dt.09-01-2019 2/2 This application is, accordingly, rejected.

However, the petitioner is directed to surrender before the Court below within four weeks form today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

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