Md. Mokhtar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48789 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -DIGHA District- PATNA ======================================================
1. Md. Mokhtar son of Md. Nazir
2. Md. Jakir son of Md. Mosim Both resident of Village- Saghary, P.S.- Mushari, Dist- Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-12-2016 Heard Sri Alok Kumar Alok, Learned counsel for the petitioner and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Digha P.S. Case No.160/15 registered for the offence under Section 379 of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. He submits that save and except confessional statement of one of the co-accused, there is no other material to connect the petitioners. He further submits that in similar manner, the petitioners have been made accused in other cases, in which the petitioners have been granted interim protection.
Patna High Court Cr.Misc. No.48789 of 2016 (2) dt.06-12-2016 2/2 However, after going through the material on record, particularly considering the fact that the petitioners are accused in other cases also, there is no reason to extend the privilege of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. It goes without saying that if within six weeks from today, petitioners appear before the court below and make a prayer for regular bail, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day. (Rakesh Kumar, J) NKS/- U T