Ahmad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56418 of 2023 Arising Out of PS. Case No.-71 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== 1.

Ahmad Hussain Son Of Late Abdul Ajij, resident Of Village- Katahara (WARD No. 13), PS- Kishanpur, Distt- Supaul 2.

Firdosh Alam Son Of Ahmad Hussain Resident Of Village- Katahara (WARD No. 13), PS- Kishanpur, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023 1.

Heard learned counsel for the petitioners and the learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Kishanpur P.S. Case No.71 of 2022, registered for offences under Sections 341, 323, 324, 379, 308, 427, 504, 506/34 of the IPC.

3.

Without going into the merit of the case in hand, it is submitted by the learned counsel for

Patna High Court CR. MISC. No.56418 of 2023(2) dt.30-08-2023 2/3 the petitioners that the petitioners have already been granted police bail, hence the present petition be disposed of in terms of the judgment rendered by a co-ordinate Bench of this Court, reported in 2004 (3) PLJR 491 (Mahendra Prasad Singh vs. the State of Bihar).

4.

Having regard to the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, I deem it fit and proper to dispose off the present petition with a direction to the petitioners to appear before the learned Trial Court, without any delay and in case they appear before the learned Court of Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.71 of 2022, within a period of four weeks from today, then the learned court below shall consider the prayer of the petitioners for grant of bail, in accordance with law, keeping in view the well-established principle that a person, who is already on police bail, shall not be denied such privilege unless there is any allegation of misuse etc.

Patna High Court CR. MISC. No.56418 of 2023(2) dt.30-08-2023 3/3 5.

With the aforesaid observation and direction, the present petition stands disposed off. (Mohit Kumar Shah, J) kanchan/- U T