Md. Chand @ Chand And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28667 of 2016 Arising out of P.S. Case No. -197 Year- 2015 Thana - SIDHWARA District- DARBHANGA ===================================================

1. Md. Chand @ Chand, Son of Alamgir.

2. Md. Mister @ Mister, Son of Ainul Haque.

3. Md. Parweez @ Md. Parwez, Son of Faizul Haque. All are resident of Village-Bhapura, Police Stat .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s: Mr. Girish Chandra Jha, Adv. For the Informant : Mr. Pramod Kumar Singh, Adv. For the State : Mr. Chandra Bhushan Prasad, Adv.

=================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03.

12.08.2016 Heard learned counsel for the petitioners, learned counsel for the Informant and learned counsel for the State.

The petitioners are apprehending their arrest in Singhwara P.S. Case No. 197 of 2015 registered under Sections 147, 148, 149, 448, 341, 323, 307, 427, 380, 504 and 506 of the Indian Penal Code pending before the Chief Judicial Magistrate, Darbhanga.

There is a serious suppression of material fact about criminal history against the petitioners which has been mentioned in Paragraph 4 of the counter-affidavit as well as in the second supplementary-affidavit of the petitioners.

On the last date, when the case was called,

Patna High Court Cr.Misc. No.28667 of 2016 (3) dt.12-08-2016 evidently, the counsel for the petitioners having said no criminal history but in the meantime the Informant intervened pointed out about serious suppressing of material fact about criminal antecedents as mentioned in Paragraph 3 of the petition. The petitioners wanted to obtain order in his favour by suppressing the material fact is a very serious affair.

In such view of the matter, this Court is not inclined to extend the privilege of anticipatory bail to the petitioners. The prayer for anticipatory bail is rejected. The Registrar General is directed to hold an enquiry into the matter and lodge a criminal case against the deponent who has sworn an affidavit and other person found involved.

Vikash/- (Shivaji Pandey, J.) U T