Md. Parvej And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58357 of 2018 Arising Out of PS. Case No.-284 Year-2018 Thana- ALAMGANJ District- Patna ======================================================

1. Md. Parvej, S/o Md. Haider

2. Md. Munna, S/o Late Md. Nizamuddin

3. Md. Tarjan

4. Md. Raju both 3 and 4 are S/o Late Md. Nizamuddin all are R/o Mohalla - Belwarganj, P.S. Alamganj, District Patna. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Alamganj P.S. Case No.284 of 2018, registered for the offence punishable under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.

Allegation has been made that the informant had gone to demand his money from his cousin, which was given to him by the informant, but he refused to pay the same and threatened that if he will make the demand again, he will face the consequences. While the informant was returning after the prayer of Namaz at 10 pm. the accused persons, namely, Md. Munna, Md. Parvej came and caught the his shoulder and accused persons, namely, Md. Tarjan and Md. Raju started

Patna High Court Cr.Misc. No.58357 of 2018(2) dt.28-09-2018 2/2 assaulting him with fist and Md. Targan has pierced knife in his stomach. When the mother of the informant tried to save him, she was also assaulted.

Learned counsel for the petitioners submits that similar type of allegation has been made against other side, which has been instituted as Alamganj P.S. Case No.283 of 2017 and the Court below has granted bail to the accused persons of that case, but the same Judge has rejected the bail of these petitioners. so learned counsel for the petitioner has made a submission that double standard has been adopted by the learned Judge.

Looking to the nature of allegation, this Court is not inclined to grant bail to these petitioners. Accordingly, the prayer for bail is rejected. However, the matter is referred to the Inspecting Judge in view of the statement made at Bar. If the petitioner nos. 1, 2 and 4 surrender before the Court below within four weeks from today and make prayer for regular bail, the Court below will consider their case and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U