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Patna High CourtCR. MISC./10842/2016rejected

Safi Ahmad And ORS. v. The State Of Bihar

2016-06-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10842 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Safi Ahmad

2. Oli Ahmad

3. Ansarool Haque, all are son of Late Sk. Asarali

4. Nurullah

5. Shamiullah

6. Jakaullah all are sons of Safi Ahmad

7. Ekbal Ahmad

8. Jabbar Ahmad

9. Manan Ahmad all are sons of Ansarool Haque

10. Somi Akhtar S/o Sk. Ahmad

11. Merazul Haque S/o Manjarul Haque

12. Sore Ahmad S/o Manjarul Haque, All resident of village- Jaisinghpur Tola Retwa, P.S.- Turkaulia, Distt.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Ms. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.

The prayer for anticipatory bail of the petitioner nos. 1, 2 & 9 have already been disposed of vide order dated 15.3.2016 as they have already been arrested.

The rest of the petitioners i.e. the petitioner nos. 3, 4, 5, 6, 7, 8, 10, 11 & 12 apprehended their arrest in connection with P.S. Case No. Turkaulia P.S. Case No. 394 of 2015 registered for offences punishable under Sections 147, 148, 149, 341, 323,

Patna High Court Cr.Misc. No.10842 of 2016 (4) dt.20-06-2016 448, 380, 307, 436, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submitted that there is omnibus and general allegation against the petitioners. The petitioners have not put on fire in the house. Learned counsel for the petitioners submits that there is a counter version. The land is in possession of the petitioners.

Learned counsel for the Informant submits that on the same land, one person was killed for which Turkaulia P.S. Case No. 771 of 2015 was lodged in which all the petitioners were accused. The petitioners are also accused in Turkaulia P.S. Case No. 698 of 2015.

Considering the facts aforesaid and the fact that the petitioners have got criminal antecedent, I am not inclined to enlarge the petitioners on anticipatory bail in Turkaulia P.S. Case No. 394 of 2015.

Accordingly, the prayer for anticipatory bail of the above named petitioner nos. 3, 4, 5, 6, 7, 8, 10, 11 & 12 is rejected.

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