Patna High CourtCR. MISC./5897/2015rejected

Jamil Ahmad @ Jamil Akhtar And ORS. v. The State Of Bihar

2015-02-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5897 of 2015 (2) dt.12-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5897 of 2015 Arising Out of PS.Case No. -510 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jamil Ahmad @ Jamil Akhtar Son of Late Shafi Ahmad

2. Bulbul @Umar Akhtar son of Jamil Ahmad@Jamil Akhtar Both residents of Meena Bazar Chowk.

3. Fillu son of Tunna khan

4. Vickey Son of Salauddin Mian Both present residents of khuda Bux Chowk.

5. Guddu son of Laddu Mian Resident of Mohalla: Kali Bagh.

6. Veeru Mian

7. Mahtab Alam Both sons of late Asghar Mian residents of Mirja Toli, Kali Bagh, All within P.O & P.S : Bettiah Town & District : West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s Mr. Shahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.02.2015 Power is filed on behalf of the informant.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

There is allegation of assault against the petitioners and it is stated that they used sharp cutting as well as hard blunt substance in assaulting the informant.

No doubt, there is counter case and petitioner no.1 is said to have sustained injury but considering the facts and circumstances as well as submissions of the parties, I do not feel it proper to extend the

Patna High Court Cr.Misc. No.5897 of 2015 (2) dt.12-02-2015 privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Bettiah Town P.S. Case no. 510/2014 pending in the court of the Chief Judicial Magistrate, Bettiah, West Champaran stands rejected.

However, if petitioners surrender before the court below within four week from today, the concerned court shall consider regular bail application of the petitioners on its own merit without being prejudiced by this order, particularly, keeping in mind nature of injury sustained by the prosecution party as well as filing of counter case.

shahid (Hemant Kumar Srivastava,J) U T