Shekh Majrul @ Banwa @ Bannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36418 of 2015 Arising Out of PS.Case No. -438 Year- 2014 Thana -KATIHAR District- KATIHAR ====================================================== Shekh Majrul @ Banwa @ Bannu, Son of Md. Ahmad Hussain, Resident of Village- Kujibana, P.S.- Kadwa, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Anuj Kr.Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in Katihar (Sahayak) P.S. Case No. 438 of 2014 registered for the offences punishable under Sections 147, 149, 341, 323 and 353 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Katihar.

It is alleged that the two groups of prisoners collided inside the jail when the petitioner was in jail in another case and thereby prisoners obstructed the jail authorities in discharge of official function. It is submitted by learned counsel for the petitioner that the accusation is not specific against the

Patna High Court Cr.Misc. No.36418 of 2015 (2) dt.08-09-2015 2/2 petitioner.

Considering the fact that the occurrence took place inside the jail when the petitioner was in custody in custody in another case, in view of this Court, the present anticipatory bail application is not maintainable since his apprehension arose while he was in custody.

Accordingly, this application is dismissed.

(Dinesh Kumar Singh, J) DKS/- U T