Md. Mukhtar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44481 of 2018 Arising Out of PS.Case No. -148 Year- 2015 Thana -DIGHA District- PATNA ======================================================

1. Md. Mukhtar, S/o Najir Hussain,

2. Md. Zakir Hussain @ Zakir Mian @ Zakir Hussain, Sonof Md. Mohseen, Both are residents of Village- Chak Ahledad Sagari, P.S.- Musahari, Distirct- Muzaffarpur.

3. Md. Abid @ Abid, S/o Abdul Khalik @ Md. Khalid,

4. Md. Zaved @ Zaved S/o Abdul Khalik @ Md. Khalid Both residents of Village- Shadpura, P.S.- Kaji Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 The petitioners are apprehending their arrest in connection with Digha P.S. Case No. 148 of 2015, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation as per F.I.R. is that one stolen motorcycle was recovered from the possession of co-accused and he has named these petitioners that they are also involved and dealing with the spare parts of the stolen motorcycle.

Submission of learned counsel for the petitioners is that this a case of high handedness of the police and at a time he has been made accused in six other cases and in two of the cases, he has been granted the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.44481 of 2018 (2) dt.30-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, considering the nature of offence and criminal antecedents of the petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners rather they should surrender before the court below and make prayer for regular bail which would be considered on its own merit.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T