Md. Shamim And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46638 of 2014 (2) dt.10-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46638 of 2014 Arising Out of PS.Case No. -31 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Md. Shamim Son of Md. Munif Nadaf

2. Md. Firoz Son of Md. Yusuf

3. Md. Qadir Son of Maneer All 1 to 3 resident of village- Bhanspatti, P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Sah For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10-02-2016 Learned counsel for the petitioners submits that petitioner no. 2, namely, Md. Firoz has already been arrested in this case and hence prays for to withdraw the case as against this petitioner. Prayer is allowed.

Accordingly, prayer for bail against petitioner no. 2 shall stands called.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Runnisaidpur P.S. Case No. 31 of 2013 registered under Sections 363 and 366 of Indian Penal Code.

Earlier prayer for bail of the petitioners has been rejected

Patna High Court Cr.Misc. No.46638 of 2014 (2) dt.10-02-2016 by order dated 07.01.2014.

Having regard to the facts and circumstances of the case, I do not find any merit to allow the prayer for anticipatory bail of the petitioners.

However, if the petitioners may surrender and prays for regular bail, the trial court shall consider for grant of bail of the petitioners on its own merit taking into consideration the facts and circumstances of the case.

m.p.

(Gopal Prasad, J) U T