Md. Munna @ Md. Munna Rain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39124 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ====================================================== Md. Munna @ Md. Munna Rain Son of Md. Mukhtar Rain Resident of Village- Korhiya, P.S. Jaynagar, District Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2016 Heard Sri Gagandeo Yadav, learned counsel for the petitioner and Sri Shailendra Kumar Singh, learned Additional Public Prosecutor.
The sole petitioner, who is named as accused in the F.I.R. with specific accusation of giving 'farsa' blow, has approached this court for grant of bail in Jay Nagar P.S. Case No. 81 of 2015, registered for the offence under Section 147, 149, 341, 323, 324, 307, 427, 504 of the Indian Penal Code in the event of arrest or surrender.
It was submitted by learned counsel for the petitioner that it is true that in the F.I.R. the informant has alleged that petitioner gave 'farsa' blow, however during investigation no such injury was found. He further submits that one accused person has
Patna High Court Cr.Misc. No.39124 of 2016 (2) dt.21-09-2016 2/2 already been extended the privilege of anticipatory bail by the court below itself. On aforesaid ground he has made a prayer for grant of privilege of anticipatory bail. However, on being asked as to whether the accused person who was extended the privilege of anticipatory bail is having similar allegation like the petitioner, learned counsel for the petitioner candidly said that no, against him there is no specific accusation.
Sri Shailendra Kumar Singh, learned Additional Public Prosecutor opposing the prayer for grant of privilege of anticipatory bail submits that in the F.I.R. there is specific accusation.
Keeping in view the nature of accusation , I do not find it fit to extend the privilege of anticipatory bail. The petition stands dismissed.
However, it goes without saying that if within a period of six weeks from today, the petitioner appears before the court below and makes a prayer for regular bail , the learned court below without being prejudiced with this order may examine the same and pass order in accordance with law preferably on the same day.
(Rakesh Kumar, J) Praful/- U T