Patna High CourtCR. MISC./19255/2017dismissed

Md. Jamshed @ Md. Jamshed Ansari And ORS v. The State Of Bihar

2017-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19255 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Md. Jamshed @ Md. Jamshed Ansari,

2. Md. Junaid,

3. Md. Zubair,

4. Md. Shahzad @ Md. Shajid,

5. Md. Hasnain, All sons of Md. Hashim, Resident of Village- Damodarpur, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s : Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 1149, 341, 342, 323, 324, 307, 302 and 120B of the Indian Penal Code. Allegation against the petitioners is that co-accused persons had assaulted first and later on, petitioners also assaulted. Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that regarding assault main allegation is against the other co-accused persons. It is further submitted that there is no specific allegation of assault against the petitioners.

Heard learned A.P.P. also. He has opposed the prayer

Patna High Court Cr.Misc. No.19255 of 2017 (2) dt.09-05-2017 2/2 for anticipatory bail to the petitioners stating that there is allegation of assault against these petitioners also to the deceased. Having heard both sides and considering the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners.

However, petitioner may surrender in the court below, i.e., learned SDJM, West, Muzaffarpur, in connection with Kanti P. S. Case no. 53 of 2017 and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T