Nurul Haque And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47980 of 2014 (3) dt.28-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47980 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Nurul Haque

2. Najmul Haque Both are son of late Jainul Abdin, Resident of Basmatia and Ward No. 10, P.S. Narpatganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s Mr. R.P.S. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 28.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

This case was, initially, registered under section 307 and other minor sections of the Indian Penal Code and in course of investigation, petitioners were granted privilege of bail by the police and after investigation, police submitted charge sheet for the bailable offence but cognizance has been taken under non-bailable sections. In view of the aforesaid fact, this petition stands disposed of with direction to the petitioners to surrender before the court of the Chief Judicial Magistrate, Araria/ concerned court in connection with Narpatganj (Basmatia) P.S. Case no. 44/2014 within four weeks from today and if they do so, the concerned court shall pass order in accordance with law keeping in view the principle laid down by a coordinate bench of this court in the case of Mahendra Prasad Singh

Patna High Court Cr.Misc. No.47980 of 2014 (3) dt.28-07-2015 vs The State of Bihar reported in 2004(3) PLJR page 491. shahid (Hemant Kumar Srivastava,J) '

U T