The High Court granted interim bail allowing petitioners to surrender in a rioting case. The regular bail prayer would be decided on merits by the lower court without prejudice to this order.
Prayer for surrender and regular bail allowed without prejudice; surrender to be made to consider regular bail on merits.
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Patna High Court Cr.Misc. No.31096 of 2016 (2) dt.19-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31096 of 2016
Arising Out of PS.Case No. -153 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ====================================================== 1. Md. Noor S/o Zer Mohammad @ Zre Mohmad 2. Md. Ali @ Pappu @ Ali Ahmad S/o Zer Mohammad @ Zre Mohmad Both R/o Village- Dumgarh, P.S.- Thakurganj, District- Kishanganj. 3. Nebua S/o Sattart Resident of Village- Hazari, P.S.- Pathamari, DistrictKishanganj. .... .... Petitioner/s Versus 1. The State of Bihar ... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Sinha,Adv. For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
It has been submitted by Mr. Sinha, learned counsel for the petitioners that as the petitioners are only members of the mob and the injuries sustained by the medical staff are simple in nature as also there is no specific allegation attributed to them they shall surrender and seek regular bail.
Patna High Court Cr.Misc. No.31096 of 2016 (2) dt.19-08-2016
In view of such, the prayer is allowed. If the petitioners surrender and prayer for regular bail, the same shall be considered by the learned court below on its own merit in accordance with law, without being prejudiced by the present order.
(Kishore Kumar Mandal, J)
Prakash/-
U T
1 issue framed by the court
Whether petitioners apprehending arrest in a mob violence case can be granted bail without prejudice on surrender.
Md. Noor
Md. Ali
Nebua
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
