Md. Musafir And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23247 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================
1. Md. Musafir S/o Late Manir
2. Md. Jamal S/o Md. Musafir
3. Abdul Hafeez S/o Late Ishaq
4. Abdul Mannan @ Mannan S/o Abdul Hannan All resident of village - Bank, P.S. Biraul, Distt. - Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Chand Giri, Advocate. For the Opposite Party/s : Mrs. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-08-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under Sections 147, 148, 149, 307, 323, 324, 341, 447 and 504 of the Indian Penal Code and that the alleged injuries given by the petitioner and others have been found to be substantiated in the injury report prepared at the Primary Health Centre, Biraul, prior to one of the injured persons being sent for further treatment at Darbhanga Medical College and Hospital (D.M.C.H.) where also the injuries were corroborated, this Court would not be inclined to grant privilege of anticipatory bail to the petitioner nos. 2, 3 and 4 namely Md. Jamal, Abdul Hafeez and Abdul Mannan @ Manan respectively.
Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.23247 of 2015 (4) dt.21-08-2015 2/2 petitioner no. 1, having more serious allegation, during pendency of this application, having been arrested, has also been granted regular bail.
If that be so, the petitioners also must surrender whereafter the court below, having examined the materials on record and comparing the case of the petitioners with petitioner no. 1 Md. Musafir, shall pass an appropriate order for grant of regular bail to the petitioner nos. 2, 3 and 4. With the aforementioned observation, this application is, accordingly, disposed of.
(Mihir Kumar Jha, J) Sujit/- U