Md. Mister v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13784 of 2017 Arising Out of PS.Case No. -197 Year- 2015 Thana -SIDHWARA District- DARBHANGA ======================================================
1. Md. Mister Son of Late Ainul Haque resident of village - Bhapura, Singhwara, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 The petitioner is in custody since 16.01.2017 in connection with Singhwara P.S. Case No. 197 of 2015, registered for offences punishable under Sections 147, 148, 149, 448, 341, 323, 307, 427, 380, 504 and 506 Indian Penal Code. It has been submitted on behalf of the petitioner that though there is allegation against the petitioner that he assaulted one Md. Istayak by means of lathi, however the injuries caused to him from said assault was found to be simple in nature. Petitioner has been in judicial custody since 16.01.2017. Heard learned A.P.P and learned counsel for the informant. They have opposed the prayer for bail and submitted that conduct of the petitioner is not good as he has suppressed the fact before this Hon'ble Court and after enquiry some direction
Patna High Court Cr.Misc. No.13784 of 2017 (4) dt.10-04-2017 2/2 has been issued by this Court but later on he suppressed the fact of filing the previous anticipatory bail application before the court below and, therefore, he does not deserve the privilege of regular bail.
Having heard both sides, considering the facts and circumstances of the case and also conduct of the petitioner, I am not inclined to grant him privilege of bail, at least at this stage, his prayer for bail, is accordingly rejected.
However, since the petitioner has remained in judicial custody for about three months, he may renew his prayer for bail in the court below itself, after framing of charge in this case. (Vinod Kumar Sinha, J) sunil/- U T