Patna High CourtCR. MISC./41708/2016rejected

Sayeem Khan @ Shamim Khan v. The State Of Bihar

2016-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41708 of 2016 Arising Out of PS.Case No. -15 Year- 2013 Thana -NEEMCHAK BATHANI District- GAYA ======================================================

1. Sayeem Khan @ Shamim Khan S/o late Hamid Khan Resident of Village- Simraur, P.S. Neemchak Bathani, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Lilawati Singh For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioner apprehends his arrest in Neemchak Bathani P.S. case No.15 of 2013 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that he was carrying the idol of goddess for immersing but the petitioner, Sayeem Khan @ Shamim Khan, opened fire and other accused persons broke the idol.

The learned counsel for the petitioner submits that prayer of petitioner for anticipatory bail was earlier rejected vide order dated 12.10.2015 passed in Cr. Misc. No. 28702 of 2015. There is counter version but now the case has been compromised.

Patna High Court Cr.Misc. No.41708 of 2016 (5) dt.14-12-2016 2/2 The petitioner is old man aged about 83 years but all the facts have been considered at the time of rejection of the prayer of petitioner for anticipatory bail. Therefore, I find no new material to reconsider the prayer and the prayer of petitioner for anticipatory bail is once again rejected.

If the petitioner surrenders in the court below, i.e., the learned Additional Chief Judicial Magistrate-X, Gaya in Neemchak Bathani P.S. case No. 15 of 2013, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit and taking into consideration that the case has already been compromised.

(Prabhat Kumar Jha, J) BKS/- U T