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Patna High CourtCR. MISC./351/2016dismissed

Prawez Ansari @ Parwez Ansari And ANR v. The State Of Bihar

2016-01-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.351 of 2016 Arising Out of PS.Case No. -419 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prawez Ansari @ Parwez Ansari Son of Hajuddin Ansari,

2. Shahzad Ansari, Son of Reyaul Ansari, Both Resident of VillageMathawa, P.S Turkaulia, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Arun Kr.Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-01-2016 Heard counsel for the petitioners and the State. This is repeat application seeking anticipatory bail in Turkaulia P.S. Case No. 419 of 2015 registered under section 307 and other allied sections of IPC. As many as 04 accused persons, including the petitioners herein, had moved for anticipatory bail vide Cr. Misc. No. 44170 of 2015 which was considered and disposed of by order dated 16.10.2015. Considering the facts and circumstance of the case, two of the petitioners, namely, Hajuddin Ansari and Reyazul Ansari were granted the privilege of anticipatory bail, whereas the prayer on behalf of the petitioners above named was refused.

It is stated that the allegation against the petitioner no.2

Patna High Court Cr.Misc. No.351 of 2016 (2) dt.20-01-2016 2/2 is of committing theft. The allegation of causing injury is not attributed to petitioner no.2.

Learned APP, on the other hand, opposes the prayer and contends that the Court had also noticed that these accused persons formed part of the mob which inflicted injury on the prosecution side.

Considering the facts and circumstances of the case, I am not persuaded to allow this application. It is accordingly dismissed.

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