Patna High CourtCR. MISC./32203/2014disposed

Md. Potol @ Md. Potla And ORS v. The State Of Bihar

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.32203 of 2014 (2) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32203 of 2014 Arising Out of PS.Case No. -121 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Md. Potol @ Md. Potla Son of Md. Husaini

2. Md. Husaini Son of Sekh Jamal

3. Md. Noor Sadik Son of Md. Husaini All are Resident of village - Meharpur, P.S. Pirpainti, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

There is case and counter case between the parties and it appears that persons from both sides sustained injuries. However, learned Sessions Judge has already given option to the petitioners to surrender before the court below and seek regular bail and furthermore, learned Sessions Judge observed that if injury of the informant is found simple, the court below shall pass order on the bail petition of the petitioners in their favour.

In my view, petitioners must obey the direction of the learned Sessions Judge and must surrender before the court below and file regular bail application within three weeks from today and if the petitioners do so, the Chief Judicial Magistrate, Bhagalpur/ concerned

Patna High Court Cr.Misc. No.32203 of 2014 (2) dt.09-02-2015 court pass order on the regular bail application of the petitioners in connection with Pirpainti P. S. case no. 121/2014 in the light of the observation given by the learned Sessions Judge in his order dated 4.7.2014 passed in ABP no. 1411/2014.

However, I would like to add one thing more that regular bail application of the petitioners must be disposed of by learned court below on the day of their surrender.

With these observations, this petition stands disposed of. shahid (Hemant Kumar Srivastava,J) U T