Maysar Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30194 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -CHAKIA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Maysar Alam, Son of Abdul Jabbar

2. Naushad Alam, Son of Abdul Jabbar, Both resident of Village- Ramdiha, Police Station- Chakia, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2016 Heard both sides.

The petitioners apprehend their arrest in Chakia P.S. Case No. 41 of 2015 under Section 302 and other sections of the Indian Penal Code.

The informant named the petitioners along with other accused persons and alleged that Reza Alam assaulted his father Halim Ansari with spade on his head and Naushad assaulted with stick. His father fell down on the ground. Thereafter, all the accused persons assaulted the father of the informant. The father of the informant died during the course of treatment. Dr. Amrendra Kumar, learned counsel for the petitioners, submits that Reza Alam, who is alleged to have assaulted the deceased with Spade on his head, has already been

Patna High Court Cr.Misc. No.30194 of 2016 (2) dt.09-09-2016 2/2 granted regular bail vide order passed in Cr. Misc. No. 44216/2015. Other accused persons, namely, Taslim Ansari and Abdul Jabbar, whose cases stand on the same footing as that of the petitioner, have already been granted regular bail vide orders passed in Cr. Misc. No. 40536/2015 and Cr. Misc. No. 35435/2015. The case of the petitioner stands on the same footing. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Chakia P.S. Case No. 41 of 2015. Accordingly, the same is rejected. If the petitioners surrender in the court below, the court below shall consider the prayer for regular bail of the petitioners taking into consideration that other similarly situated co-accused has been enlarged on regular bail and dispose of the bail petition of the petitioners preferably on the same day. Dilip/- (Prabhat Kumar Jha, J) U T