Patna High CourtCR. MISC./13212/2015rejected

Md. Amzad Ali And ANR. v. The State Of Bihar

2015-06-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13212 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Md. Amzad Ali son of Late Makbul Hussain

2. Md. Jamil Akhtar son of Amzad Ali, Both residents of village- Chilmara P.S.- Muffasil, Katihar, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and also learned counsel for the informant.

The petitioners apprehend their arrest in connection with Katihar Mufassil P.S. Case No. 09 of 2015 registered under sections 147, 323, 341, 307, 380 and 504 of the Indian Penal Code.

There is specific allegation against the petitioners that they assaulted the informant with rod and Pharsa as a result thereof the informant sustained injuries. In the present case, some other persons also sustained injuries. No doubt there is case and counter case between the parties and persons of both sides have

Patna High Court Cr.Misc. No.13212 of 2015 (3) dt.29-06-2015 got injuries, but taking note of the fact that one grievous injury has been found on the head of the informant, I am not inclined to grant privilege of anticipatory bail to the petitioners and, accordingly, their prayer for anticipatory bail in connection with Katihar Mufassil P.S. Case No. 9 of 2015 pending in the court of the Chief Judicial Magistrate, Katihar stands rejected. However, if the petitioners surrender before the concerned court below within four weeks from today and seek regular bail, the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order; particularly keeping in mind that there is case and counter case between the parties and persons from both sides are injured.

(Hemant Kumar Srivastava, J) Amin/- U