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Patna High CourtCR. MISC./59949/2018bail rejected

Salauddin @ Md. Salauddin And ANR v. The State Of Bihar

2018-12-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59949 of 2018 Arising Out of C-II Case No. .-7 Year-2018 District- Katihar ======================================================

1. Salauddin @ Md. Salauddin, Son of Abdul Sattar @ Abdul Sattar Ali, Resident of Village Panishal, Malik Tola.

2. Jitu Saha @ Jitendra Kumar Saha, Son of Awadhesh Sah @ Shah, Resident of Village- Panishal, Both are of P.S.- Kishanganj, Dist- Kishanganj. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with C-II Case No. 07 of 2018 registered under Section 3(A) of RP(UP) Act.

Considering the nature of allegation made in the FIR as also the fact that the name of the petitioners was disclosed by co-accused Upendra Nath Sarkar and the case is under investigation, I am not inclined to grant bail to the petitioners even though Upendra Nath Sarkar has been granted bail by the court below. Accordingly, the prayer for grant of pre-arrest bail is rejected.

Patna High Court Cr.Misc. No.59949 of 2018(2) dt.10-12-2018 2/2 However, in case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J) kanchan/- U T