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Patna High CourtCR. MISC./17013/2015dismissed

Junaid @ Md. Nunai @ Md. Junaid And ORS v. The State Of Bihar

2015-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17013 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -CHANDAULI District- GAYA ======================================================

1. Junaid @ Md. Nunai @ Md. Junaid Son of Md. Arif @ Arif

2. Jattu @ Md. Jattu, Son of Late Mazur Mian

3. Jahangir @ Md. Jahangir, Son of Md. Alamgir, All Resident of villageKeshru, P.S.- Chandauti, District- Gaya .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.17026 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -CHANDAULI District- GAYA ====================================================== Naushad @ Guddu Son of Md. Ali Ahmad, Resident of village- Keshru, P.S.- Chandauti, District- Gaya .... .... Petitioner

Versus

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

(In Cr.Misc. No.17013 of 2015) For the Petitioner : Mr. Sanjeev Kumar, Advocate.

For the Opposite Party : Mr. Madhuranand Jha (App) (In Cr.Misc. No.17026 of 2015) For the Petitioner : Mr. Sanjeev Kumar, Advocate.

For the Opposite Party : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 427 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

Patna High Court Cr.Misc. No.17013 of 2015 (5) dt.07-12-2015 2/2 The informant, right to information activist made allegation that on 20.11.2014, Jasedi and Junaid came and called him. When the informant came out from his house, the petitioners brutally assaulted him only because the informant filed several petitions seeking information from the police station. It is submitted that there is a Kabristan (graveyard) in the village and on account of such the dispute is going on, that is why this case has been filed.

From perusal of the FIR as well as the case diary, it appears that there is specific allegation against the petitioners that the informant who is an RTI activist was brutally assaulted only because he sought certain information from the police station. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

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