Patna High CourtCR. MISC./39977/2016dismissed

Md. Gaffar @ Abdul Gaffar And ORS v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39977 of 2016 Arising Out of PS.Case No. -77 Year- 2013 Thana -BHAPATIYAHI District- SUPAUL ======================================================

1. Md. Gaffar @ Abdul Gaffar

2. Md. Sattar

3. Md. Nisar

4. Md. Jabul, Sons of Late Md. Basiruddin

5. Md. Nurul Hoda

6. Md. Farooque

7. Md. Ekram

8. Md. Sahman Sons of Late Md. Hakim

9. Md. Sajebul, son of Md. Samsul

10. Ganga Pd. Mandal, Son of Late Ram Kisun Mandal All are resident of Sahpur, Prithvipatti Tola Nanipur, Police StationBhaptiyahi, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioners, ten in number, apprehend their arrest in Bhaptiyahi P.S. Case No. 77/13 registered under Section 307 and other sections of the Indian Penal Code.

During the course of investigation, the petitioners were granted bail by the police and the police submitted chargesheet under different bailable sections of the Indian Penal Code but the learned court below took cognizance under Section 307 of the Indian Penal Code differing with the finding of the

Patna High Court Cr.Misc. No.39977 of 2016 (2) dt.20-09-2016 2/2 investigating officer. Thereafter, the learned Sessions Judge vide order dated 04.08.2016 rejected the Anticipatory Bail Petition of the petitioners holding that the Anticipatory Bail Petition is not maintainable as the petitioners are on bail, but even after such observation, the petitioners filed this Anticipatory Bail Petition. On the face of it, it appears that the petitioners are on bail. Therefore, this Anticipatory Bail Petition is not maintainable. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T