Md. Mahibul @ Md. Mahibul Haque And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75924 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- SINDHWARA District- Darbhanga ======================================================
1. Md. Mahibul @ Md. Mahibul Haque, Son of Late Md. Hanif.
2. Md. Hedayat @ Md. Hidayat, Son of Md. Shafi Ahmad.
3. Md. Imran Son of Md. Mohibul.
4. Md. Mehraj @ Md. Meraj, Son of Shafi Ahmad.
5. Jeenat Perween @ Jeenat Praween, Wife of Md. Mohibul.
6. Mistri Begum @ Mastri Begum, Wife of Shafi Ahmad, All are resident of Village- Khurd Manihas, Police Station- Singhwara, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No-2 For the Opposite Party/s :
Mr.Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2018 Heard learned counsel for the parties.
Petitioners are apprehending their arrest in connection with Singhwara PS Case No. 176/2018 for the alleged offence under Sections 341, 323, 307, 354, 379, 325, 504 and 34 of the Indian Penal Code.
Learned counsel representing the petitioners submits that petitioners have no criminal antecedent. Referring to the prosecution case he further submits that there is no specific
Patna High Court Cr.Misc. No.75924 of 2018(2) dt.21-12-2018 2/3 overt act against any other petitioners than petitioner no.1. Considering the fact that petitioner no.1 assaulted on the head of the informant, the application for anticipatory bail so far as petitioner no.1 above named is concerned, is hereby rejected. However, refusal to grant anticipatory bail will not cause any prejudice to him. In the event petitioner no.1 above named surrenders and prays before the court below for regular bail, the court below is directed to consider his application on the same day on its own merit without being prejudiced by refusal of his prayer by this Court.
In so far as petitioner nos. 2 to 6 are concerned, having regard that they have no criminal antecedent and there is no allegation of specific overt act against them, this application is allowed.
Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, petitioner nos. 2 to 6 above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate V, Darbhanga in connection with Singhwara PS Case No. 176/2018 subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court Cr.Misc. No.75924 of 2018(2) dt.21-12-2018 3/3 of Criminal Procedure.
(Anil Kumar Upadhyay, J) mrl./- U T