Shahrukh @ Shahrukh Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1869 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== 1.

SHAHRUKH @ SHAHRUKH KHAN 2.

Shabbir @ Biru, Both sons of Md. Mazhar Alam @ Raja @ Pappan Both Resident of Village - Langar Toli, Arya Kumar Road, P.S. - Kadamkuan, Distt. - Patna.

As present Azimabad Colony, P.S. Bahadurpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mira Kumari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. According to FIR, the petitioner no. 1 and petitioner no. 2 came on a motorcycle at the shop of the informant and took the informant along with them saying that they would provide money to him at a lonely place. The petitioner no. 1 caught the informant and petitioner no. 2 gave blow with iron

Patna High Court CR. MISC. No.1869 of 2020(3) dt.15-06-2020 2/2 rod causing injury at the head of the informant. Petitioner no. 1 has got no criminal antecedent and petitioner no. 2 has got a criminal antecedent.

The injury report does not reveal that the Doctor has found multiple injury on the head of the informant rather a swelling and no fracture was noticed.

Considering the nature of allegation and material on the record, in my view, this is not a fit case for grant of anticipatory bail in connection with Bahadurpur Police Station Case No. 299 of 2019 pending in the court of learned 2nd Additional Chief Judicial Magistrate, Patna City/successor Court.

Hence, prayer of the petitioners for grant of anticipatory bail is refused.

However, in the event of surrender of the petitioners, prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Kundan/- U T