Md. Humayun @ Md. Himayun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39730 of 2016 Arising Out of PS.Case No. -27 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ====================================================== MD. HUMAYUN @ MD. HIMAYUN @ Tandel r/v Rajganj, P.S. Pirpanti, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioner apprehends his arrest in Pirpainty P.S. Case No. 27 of 2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The petitioner along with 8 accused persons are alleged to have entered into the house of the informant and committed theft. The petitioner is alleged to have resorted to firing, but no injury was found.

It is submitted that false allegation is made in the background of previous injury. Anticipatory bail petition of similarly situated co-accused have already been disposed of vide order passed in Cr. Misc. No. 23858 of 2015.

Considering the facts aforesaid, the anticipatory bail

Patna High Court Cr.Misc. No.39730 of 2016 (2) dt.19-09-2016 2/2 petition of the petitioner is disposed of with a direction that if the petitioner surrenders before the court below within six weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi U T