Patna High CourtCR. MISC./19644/2016dismissed

Md. Azad Khan And ANR. v. The State Of Bihar

2016-05-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19644 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Md. Azad Khan, son of Late Rashid Khan

2. Biru Khan, son of Israil Khan, Both residents of village - Kawakol, Police Station - Kawakol, District - Nawadah .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 Heard Sri Arjun Prasad, learned counsel for the petitioners and Sri Bisheshwar Ram, learned Addl. Public Prosecutor.

Two petitioners , apprehending their arrest in connection with Kawakol P.S. Case no.05/2016 registered for the offence under Sections 147,149 341, 323, 307, 354, 379, 504 of the Indian Penal Code , have prayed for grant of anticipatory bail. Learned counsel for the petitioners submits that there was case and counter case. He submits that petitioners side had received grievous injury and even thereafter the accused, who were arrayed as accused in the F.I.R., lodged F.I.R. against the informant's side were granted anticipatory bail and, as such, he

Patna High Court Cr.Misc. No.19644 of 2016 (2) dt.19-05-2016 2/2 makes a prayer for grant of anticipatory bail to the petitioners. On perusal of the F.I.R itself, the Court is satisfied that there is specific accusation against both the petitioners. I do not find any ground for extending the privilege of anticipatory bail. The petition stands dismissed.

It goes without saying that if the petitioners appear before the court below and make a prayer for regular bail within a period of six weeks from today, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law keeping in view the fact that there was case and counter case.

(Rakesh Kumar, J) NKS/- U