Patna High CourtCR. MISC./51704/2016rejected

Aftab Hussain @ Altaf Hussain And ANR v. The State Of Bihar

2016-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51704 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Aftab Hussain @ Altaf Hussain

2. Sakir @ Md. Sakir Both sons of Abdul Hakim, R/o village Bara Lakhanpur, P.S. Amdabad, District Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is application for anticipatory bail, for the offence under Sections 341, 323, 325, 307/34 of the Indian Penal Code. The allegation against the petitioners is that petitioner No.1 has assaulted the informant by hammer on the head and petitioner No.2 has assaulted the nephew of the informant by Talwar.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and the petitioners have falsely been implicated in this case. As such, petitioners deserve anticipatory bail.

Heard learned APP appearing for the State who opposed

Patna High Court Cr.Misc. No.51704 of 2016 (2) dt.14-12-2016 the prayer for anticipatory bail.

Having heard both sides and in view of the fact that there is specific allegation of assault against the petitioners and that too on the head by Talwar by petitioner no.2 and by means of iron hammer on the head of the informant by petitioner no.1, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, prayer of the petitioners is rejected. However, the petitioners are directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Vinod Kumar Sinha, J) A.I./- U