Md. Mahphuj @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38076 of 2020 Arising Out of PS. Case No.-04 Year-2020 Thana- MUNGER MUFFASIL District- Munger ============================================== MD. MAHPHUJ @ KARU SON OF MD. FAKHRUDDIN @ PHEKKO RESIDENT OF VILLAGE- MIRJAPUR BARDAH, P.S.- MUFFASIL, DISTMUNGER ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-04-2021 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Muffasil P.S. Case No. 4/2020, G.R. No. 85/2020, instituted for the offences under Sections 304(B), 120(B)/34 of the Indian Penal Code .

The petitioner is the brother-in-law of the deceased.

In the bail petition, it has been stated that the petitioner is an accused in one more case apart from the present case. However during the pendency of this petition,

Patna High Court CR. MISC. No.38076 of 2020(2) dt.16-04-2021 2/2 the petitioner was taken into custody in another case about which, there is no reference in the bail petition and about which the petitioner also did not know.

Be that as it may, since the petitioner has already been taken into custody in another case and charge-sheet in this case has been submitted, it would only be advisable for the petitioner to pray for bail once he is remanded in the present case.

The prayer for anticipatory bail is rejected. As and when such a petition is filed, the court below shall take into account all relevant facts including the status of the petitioner vis-a-vis the deceased and shall pass orders in accordance with law without being prejudiced by the fact that the present petition has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T