Patna High CourtCR. MISC./41824/2016rejected

Md. Akhter @ Md. Akhtar @ Md. Akther And ORS v. The State Of Bihar

2016-11-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41824 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Md. Akhter @ Md. Akhtar @ Md. Akther, S/o Md. Wahid.

2. Md. Gulab @ Md. Gulab Ahmad, S/o Md. Gayash Uddin @ Gayas Ahmad.

3. Md. Sikandar Ali @ Raja

4. Md. Sahanwaz @ Md. Sahansah @ Sanni Miya, both are s/o Afsar Ali All are r/m Barahpura, P.S. Ishakchak, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Heard both sides.

The petitioners apprehend their arrest in Lodipur P.S. Case No. 87/2016, registered for the offences punishable under Sections 384, 386, 341 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act.

The informant named the petitioners and alleged that they all exploded bomb and damaged the machine. Accused persons demanded extortion.

Learned counsel for the petitioners submits that there is a land dispute between the parties and that is why this false case has been lodged making allegation of demand of extortion. It appears that the petitioners have got criminal

Patna High Court Cr.Misc. No.41824 of 2016 (3) dt.19-11-2016 2/2 antecedent.

Considering the facts aforesaid and the fact that the petitioners have got criminal antecedents, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, their prayer shall be considered taking into consideration that there is a land dispute between the petitioner and the informant and the case is compromised. The court below shall dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) Rakhi U T