Patna High CourtCR. MISC./7746/2016rejected

Md. Ijrail And ORS v. The State Of Bihar

2016-03-31Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7746 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -CHAUSA DistrictMADHEPURA =====================================

1. Md. Ijrail,

2. Md. Akali,

3. Md. Majbul,

4. Md. Ajbul,

5. Md. Sahjahan, All sons of Md. Juddi.

6. Md. Maksud, son of Late Gaffur.

7. Md. Rafakh,

8. Md. Rahbar, Both sons of Late Md. Muslim.

9. Md. Akin, son of Md. Jamal.

10. Md. Naiyar, son of Hakimuddin.

All Residents of Village-Paina, P.S.-Chausa, DistrictMadhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jyoti Prakash, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chausa P.S. Case No.33 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.

It is submitted by learned counsel, appearing on behalf of the petitioners, that even in course of investigation, no material has come against these petitioners indicating their involvement in commission of the offence. It has further been submitted that the petitioners have no criminal antecedent.

However, considering the gravity of the offence, I am not inclined to grant the petitioners the privilege of anticipatory bail.

Accordingly, their prayer for anticipatory bail is, hereby, rejected.

The petitioners, abovenamed, are directed to surrender before the court below within a period of 4 weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

At this stage, it is observed that the learned courts below, while considering the petitioners'

application for regular bail, are expected to consider, as to whether there is any cogent material collected against them, in course of investigation.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T