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Patna High CourtCR. MISC./20830/2015rejected

Jahid Hussain And ORS. v. State Of Bihar And ANR

2015-07-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20830 of 2015 Arising Out of PS.Case No. -640 Year- 2006 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Jahid Hussain son of Late Abdul Badud.

2. Md. Iftekhar @ Iftekhar Alam son of Late Abdul Badud.

3. Md. Faiyaz @ Faiyaz Alam son of Sahud Alam. All residents of village Rajhat, P.S. Akbarpur District Nawada.

4. Sundar Mistri son of Late Kameshwar Chand, resident of village Paati P.S. Akbarpur District Nawada.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Aslam Ansari son of Anish Ansari residents of village Rajhat, P.S. Akbarpur District Nawada.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Bhavesh Kumar For the Opposite Parties : Mr.Sunil Kr.Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard both sides.

Out of the five accused persons cited in the complaint registered under Sections 147,323 and 379 of the IPC four of them have prayed for anticipatory bail. The allegation is that the accused persons intruded into the shop of the complainant and at gun point committed loot/theft of certain articles. The son of the complainant was also injured. It has been submitted that due to business rivalry case has been lodged.

From the impugned order, it appears that cognizance

Patna High Court Cr.Misc. No.20830 of 2015 (2) dt.07-07-2015 2/2 in this case was taken in the year 2008 and the petitioner approached this Court several years thereafter. This particular fact persuaded the Court not to grant them the privilege of anticipatory bail. Prayer for bail is rejected.

Let the petitioners surrender and pray for regular bail before the learned Court below. In that event the learned Court below shall consider and dispose of the same on its own merit and pass appropriate order uninfluenced by the present order (Kishore Kumar Mandal, J) Shyam/- U T