Muzaffruddin @ Md Muzeffr Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40511 of 2025 Arising Out of PS. Case No.-352 Year-2023 Thana- CHAKAI District- Jamui ====================================================== 1.

Muzaffruddin @ Md Muzeffr uddin s/o Late Shaukat Ali All Residents of village- Chilkhariya Saroun, P.S- Chakai District -Jamui 2.

Md. Sadab @ Shadab S/O Md. Abul Kheruddin @ Kheruddin All Residents of village- Chilkhariya Saroun, P.S- Chakai District -Jamui 3.

Praful Choudhary @Praful Choudhary S/O Ganesh Choudhary All Residents of village- Chilkhariya Saroun, P.S- Chakai District -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Musowir, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioners submits that the police, after threadbare investigation, came to a considered conslusion that petitioners are innocent and thus submitted Final Form No. 337/23, dated 31.12.2023 exonerating the petitioners of the allegation as alleged in the FIR but then the learned Magistrate differing with the police report took cognizance based on which petitioners apprehend their arrest.

Patna High Court CR. MISC. No.40511 of 2025(3) dt.02-09-2025 2/2 It is next submitted that when one investigating agency, after threadbare investigation, came to a considered conclusion that petitioners are innocent, whether it would be prudent for the Court to send the petitioners to jail as cognizance has been taken based on the same investigation which exonerated the petitioners of the allegation. It is further submitted that petitioners will not abscond rather will cooperate in the trial to prove their innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by learned counsel for the petitioners, let petitioners, above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Chakai P.S. Case No. 352 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Sanjay/- U T