Patna High CourtCR. MISC./45523/2018dismissed

Md. Ikbal And ANR v. The State Of Bihar

2018-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45523 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- KADWA District- Katihar ======================================================

1. Md. Ikbal, Son of Md. Hafizuddin @ Hafizuddin,

2. Md. Ansar, Son of Md. Hafizuddin @ Hafizuddin, Both are resident of Village- Nekula, P.S. Balia Belon, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Qumrul Hoda For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Kadwa (Balia-Belon) P.S. case No.140 of 2018 registered under Sections 341, 323, 427, 307, 379, 504, 506/34 of the Indian Penal Code, pending in the court of C.J.M., Katihar.

Allegation is that the accused persons including the petitioners assaulted the informant on his head by farsa causing grievous injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.45523 of 2018(3) dt.07-09-2018 2/2 petitioners. It is a case and counter case between the parties. General and omnibus allegation has been made No specific injury has been attributed against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and one of the persons, namely, Afsar is said to have sustained grievous injury. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected.

If the petitioners surrender before the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T