Patna High CourtCR. MISC./47976/2016rejected

Aftab Khan @ Tabo And ORS v. The State Of Bihar

2016-12-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47976 of 2016 Arising Out of PS.Case No. -80 Year- 2014 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Aftab Khan @ Tabo

2. Jawed Khan @ Tunna @ Tunnu

3. Awid Khan @ Munna All are son late Khalil Khan R/o village Kena P.S. Muffasil, Dist. Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-12-2016 Heard both sides.

The petitioners are named accused of Muffasil P.S. Case No. 80 of 2014, registered on 06.07.2014 under Sections 147,148, 149, 379, 341,323, 324 and 307 of the IPC and Section 27 of the Arms Act wherein allegations have specifically alleged against the petitioners of having caused injury to the informant and his brother.

It is submitted that the petitioners of the present case had lodged a criminal case against the present prosecution side. The injuries sustained by the injured(s) have been opined to be simple in nature. One of the co- accused, namely, Reyaz Khan @ Raju has been privileged with regular bail.

Patna High Court Cr.Misc. No.47976 of 2016 (2) dt.09-12-2016 2/2 Mr. Dayal, APP, on the other hand, submits that not only the petitioners are facing specific accusations in the FIR but it appears that they have also not submitted to the jurisdiction of the Court for a pretty long time.

Be that as it may, considering the allegations and the other materials reflected from the record, in my view, they do not deserve the privilege of anticipatory bail. Prayer is rejected. Let the petitioners surrender and pray for bail before the Court below. If they do so, the same shall be considered on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T