Md. Mustafa And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7567 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

MD. MUSTAFA, Son of Md. Farzan, 2.

Abdul Gaffar, Son of Md. Yashin 3.

Md. Sajjad, Son of Abdul Gaffar 4.

Md. Sonu, son of Md. Ujala 5.

Ladli Khatoon, Wife of Md. Sajjad, all Residents of Village - Yadupatti, P.S. Nanpur, Dist. Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Nanpur P.S. Case No. 175 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioners and other accused persons is that they came variously armed and assaulted the informant and others, causing injuries to them. Submission of learned counsel for the petitioners is that no case is made out under Sections 379 and 354 IPC against the petitioners and they have been granted the benefit of Section 41(1) of Cr.P.C. and they did not misuse the same.

Patna High Court CR. MISC. No.7567 of 2019(4) dt.01-05-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, above named, surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on the basis of the materials available on the record as well as the fact that they were granted the benefit of Section 41(1) of Cr.P.C. and they have not misused the same, and, if possible, to be disposed of on the same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T