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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58686 of 2025 Arising Out of PS. Case No.-262 Year-2024 Thana- SUPAUL District- Supaul ======================================================
1. Md. Ismail Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul
2. Md. Sakil S/o Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul
3. Md. Nazir S/o Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul
4. Md. Wazir S/o Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul
5. Md. Tanwir S/o Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul
6. Md. Mushtafa S/o Md. Hasmat R/o Village - Telwa, Ward No. 12, P.S - Supaul, District - Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Harun Quareshi For the Opposite Party/s : Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 08-09-2025
1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 302, 304/34 of the Indian Penal Code. 3. The learned counsel for the petitioners submits that police after threadbare investigation came to a considered conclusion that petitioners are innocent, as such, submitted final
Patna High Court CR. MISC. No.58686 of 2025(2) dt.08-09-2025 2/3 form no.213/2024 dated 12.08.2024 exonerating the petitioners of the allegation as alleged in the FIR, but then, the learned Magistrate differing with the police report took cognizance, as such, petitioners apprehend their arrest. 4. The learned counsel for the petitioners next submits that when one investigating agency based on a threadbare investigation came to a considered conclusion that petitioners are innocent whether it would be prudent for the Court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioners of the offence. 5. The learned Additional Public Prosecutor opposes the anticipatory bail application. 6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P. S. Case No.262 of 2024, subject to the conditions laid down under Section
Patna High Court CR. MISC. No.58686 of 2025(2) dt.08-09-2025 3/3 438(2) of the Cr.P.C.
7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T