Md. Nawed Ahmad @ Nawed Khan @ Naved Ahmad @ Naved Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24851 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- KOTHI District- Gaya ====================================================== 1.

MD. NAWED AHMAD @ NAWED KHAN @ NAVED AHMAD @ NAVED KHAN Son of Nehal Ahmad Resident of Village - Baha, P.S.- Kothi, Distt.- Gaya.

2.

KASIM KHAN Son of Bandhu Khan Yadav Resident of Village - Baha, P.S.- Kothi, Distt.- Gaya.

3.

FAROG AHMAD @ CAPTAIN KHAN Son of Nehal Ahmad Resident of Village - Baha, P.S.- Kothi, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners submit that the processes under Section 82/83 of the Cr.P.C. has not been issued against them.

Learned counsel for the State submits that since the proceedings under Section 82/83 have been issued against the petitioners, in view of Supreme Court judgement passed in Cr. Appeal No. 1209 of 2021 (Prem Shankar Prasad v. the State of Bihar & Anr) the petitioners are not entitled to the privilege of anticipatory bail.

In that view of the matter, the anticipatory bail petitions are dismissed as not maintainable.

(Prabhat Kumar Singh, J) navya/- U T