Mangal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59654 of 2019 Arising Out of PS. Case No.-41 Year-2014 Thana- PANAPUR District- Saran ====================================================== 1.

Mangal Sah Son of Late Megha Sah Resident of Village- Laguni, P.S.- Panapur, District- Saran.

2.

Sheoji Sah S/o Mangal Sah Resident of Village- Laguni, P.S.- Panapur, District- Saran.

3.

Krishna Sah S/o Mangal Sah Resident of Village- Laguni, P.S.- Panapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Panapur PS Case No. 41 of 2014 dated 15.05.2014 instituted under Sections 436/120B/302/34 of the Indian Penal Code.

3. After some arguments, learned counsel for the petitioners submitted that co-accused Raj Narayan Sah has been granted bail by order dated 09.05.2019 in Cr. Misc. No. 31066 of 2019 and against all four accused, including the petitioners, the allegation is common. He submitted that in such view of the

Patna High Court CR. MISC. No.59654 of 2019 dt.27-11-2019 2/2 matter, they may be permitted to withdraw the application to surrender before the Court below and seek bail which may be considered in light of the order granting bail to co-accused Raj Narayan Sah.

4. In view of the aforesaid, as prayed for, the application stands disposed off as withdrawn with liberty aforesaid.

5. If the petitioners surrender and pray for bail before the Court below, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. It shall be open to the petitioners to take the plea of coaccused having been granted bail. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T