Munna Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36120 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Munna Mian S/o Sharif Mian
2. Sharif Mian S/o Late Roz Mian
3. Azeem Mian S/o Late Sugandhi Mian
4. Kasim Mian S/o Late Sugandhi Mian All Resident of villageMehandiya, P.S.- Chanpatiya, District West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. M. Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-12-2016 Heard Mr. Thakur for the petitioners and Mr. M. Dayal, APP for the State.
The petitioners pray for anticipatory bail in Chanpatiya P.S. Case No. 219 of 2015 registered under Sections 308, 379, 504 and other allied Sections of the Indian Penal Code It is stated that during the investigation of the case, the petitioners were granted the protection under 41(1) of the Code of Criminal Procedure (for short "the Code"). Referring to the case of Gauri Shankar Roy Vs. State of Bihar, reported in 2015(3) P.L.J.R. 618, it is submitted that the anticipatory bail would be maintainable. However, from perusal of the said judgment, it
Patna High Court Cr.Misc. No.36120 of 2016 (5) dt.02-12-2016 2/2 appears referring to the view taken in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004 (3) P.L.J.R. 491 and looking to the allegation, the court permitted the petitioner(s) to surrender and pray for bail which was directed to be considered in accordance with law as also the fact that the petitioner had been granted the privilege of Section 41(1) of the Code during investigation.
Let the petitioners surrender and pray for bail which shall be considered and disposed of by the learned court below in accordance with law.
The application is disposed of.
(Kishore Kumar Mandal, J) rohit/- U T