Patna High CourtCR. MISC./9269/2016rejected

Langat Sah And ANR v. State Of Bihar And ANR

2016-07-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9269 of 2016 Arising Out of PS.Case No. -130 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Langat Sah Son of Late Lakhan Sah

2. Lal Bahadur Sah Son of Langat Sah Both residents of Village - Jhitkahiya, P.S. : - Lakhaura, District : - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shekh Jamil Akhtar Son of Shekh Eunus Resident of Village : - Lakhore (Muffasil), District : - East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2016 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 130(C)/2013 Trial No. 5892/2014, registered for the offences punishable under Sections 406, 409, 420,120B of the Indian Penal Code.

Earlier prayer for anticipatory bail petition of the petitioners was dismissed as withdrawn vide order dated 14.08.2015 passed in Cr. Misc. 15518/2015.

Learned counsel for the petitioners submits that anticipatory bail petition of co-accused Md. Abulaish and Chandesh Kumar Paswan have been allowed vide orders passed in

Patna High Court Cr.Misc. No.9269 of 2016 (4) dt.25-07-2016 2/2 Cr. Misc. 12070/2015 and Cr. Misc. 34636/15 respectively. The case of petitioners stands on the same footing. Since the prayer for anticipatory bail petition of the petitioners was earlier rejected, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. If the petitioners surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail learned court below shall consider the prayer for regular bal of the petitioners on its own merit and taking into consideration that other co-accused persons have been granted anticipatory bail.

(Prabhat Kumar Jha, J.) Vinita/- U T