Md. Tosif And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75811 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- DAGARUA District- Purnia ====================================================== 1.

Md. Tosif 2.

Md. Dilsad Both Sons of Md. Mojibur Rahman, Resident of Village- Ekahua, P.S.- Dagarua, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest for the offence alleged under Section 304 and 34 Indian Penal Code registered in connection with Dagarua P.S. Case No. 85/2018.

3. It is submitted that the petitioners have been falsely implicated and accusation against the accused persons is general and omnibus in nature without any specific assault attributed individually. Similarly situated co-accused Md. Mojibur Rahman has been granted anticipatory bail vide order dated 09.01.2019 passed in Cr. Misc. No. 63208/2018. It is further submitted that similar view as in the case of co-accused Md.

Patna High Court CR. MISC. No.75811 of 2018(3) dt.14-03-2019 2/2 Mojibur Rahman may be taken. Petitioners claim clean antecedents.

4. Learned A.P.P. on the basis of case diary submits that co-accused Md. Mojammil pressed the neck of the deceased while other co-accused persons including the petitioners assaulted the deceased with fists and slaps.

5. Having regard to nature of the allegations and the gravity of offences alleged, this court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) vinita/- U T