Md. Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44945 of 2019 Arising Out of PS. Case No.-361 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== 1.

MD. MISTER Son of Md. Rustam Sadiq Resident of Village - Salimpur, Nurpur, P.S.- Barauni Refinery, District- Begusarai 2.

Md. Firoz Son of Md. Rustam Sadiq Resident of Village - Salimpur, Nurpur, P.S.- Barauni Refinery, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Barauni Refinery P.S. Case No. 361 of 2018 registered for the offences punishable under Sections 341, 323 and 304/34 of the Indian Penal Code.

Petitioners are named in the FIR along with other accused persons and other accused persons are said to have assaulted the son of informant.

Submission of learned counsel for the petitioners is that they are only named in the FIR and there is no allegation of assault against them.

Heard learned APP and learned counsel for the informant, who has submitted that proclamation has already

Patna High Court CR. MISC. No.44945 of 2019(3) dt.21-10-2019 2/2 been made under Section 82 of Cr.P.C. against the petitioners, as such this application is not maintainable.

In view of above facts and circumstances, this application is disposed of with direction to petitioners to surrender and pray for regular bail, which shall be considered on the basis of materials available on the record so far these petitioners are concerned and after considering the same the application for bail shall be disposed of, if possible, on the same day.

(Vinod Kumar Sinha, J) spal/- U T