Md. Wasique @ Wasique And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11895 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================
1. Md. Wasique @ Wasique
2. Md. Qashim both Sons of Late Taslim
3. Muntazir son of Md. Wasique
4. Salahuddin
5. Mohib both Sons of Khalil
6. Hefaz Son of Tasaubar
7. Karu Son of Hefaz
8. Wasim Son of Hasim
9. Hasim Son of Jally @ Jalil
10. Guddu Son of Aiyyub
11. Pappu Son of Aiyyub
12. Hasib Son of Latiful
13. Imtiyaz Son of Nayeem All Resident of Village Matyari, P.S.- Jokihat, District- Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.N.K.Agrawal, Sr.Advocate Mr. Md. Ziaul Quamar, Advocate Mr.Ajay Kumar, Advocate For the Opposite Party/s : Mr. P.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-04-2016 Heard the parties.
The petitioners have filed the present application under Section 438 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.") for grant of anticipatory bail with respect to a criminal prosecution registered under Sections 307, 379, 325 and some other allied offences under the Indian Penal Code. The learned senior counsel appearing on behalf of the petitioners submits that, during course of investigation, the petitioners were granted bail by the police on 08.07.2015. However, subsequently, chargesheet under Section 307 and some
Patna High Court Cr.Misc. No.11895 of 2016 (2) dt.05-04-2016 2/2 other allied offences under the Indian Penal Code has been submitted. Therefore, they apprehend their arrest. Law is well settled that once an accused has submitted to the jurisdiction either of the police or to the Court and has been granted bail, then a petition under Section 438 Cr.P.C. on behalf of such accused person is not maintainable.
In above view of the matter, the present application is disposed of with a direction to the petitioners to surrender in the court below within a period of six weeks from today and apply for bail ,in connection with Jokihat P.S.Case No. 112 of 2015 pending in the court of learned Sub Divisional Judicial Magistrate, Araria. It goes without saying that if the petitioners surrender in the court below, then they shall be granted the benefit of the observations made by a co-ordinate Bench of this Court, particularly paragraph 5, in the case of Mahendra Prasad Singh Vs. The State of Bihar [2004(3) PLJR 491].
(Birendra Prasad Verma, J) Tahir/- U T