Patna High CourtCR. MISC./29670/2017dismissed

Sahjad Shah And ORS v. The State Of Bihar

2017-07-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29670 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Sahjad Shah, son of Samashu Shah

2. Akhlak Shah, son of Samashu Shah

3. Nuran Shah, son of late Mahamad Shah

4. Yunus Shah @ Yunus Shah

5. Shamshir Shah @ Moh. Shamshir Shah

6. Ahad Shah, son of late Safarullah Sah

7. Mumtaz Shah @ Sonu Shah, son of Ahad Shah All resident of village Sikandarpur, P.S. Chainpur, Distt. Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Chainpur P.S. Case No. 67 of 2017 instituted for the offence under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code. As per written report, on the date of occurrence, all these petitioners assaulted the informant with lathi, danda and iron rod, on account of which he sustained fracture injury in the hands, legs etc.

The injury report has been enclosed as Annexure 2 wherein the Doctor has found total five injuries on his person out

Patna High Court Cr.Misc. No.29670 of 2017 (2) dt.07-07-2017 2/2 of which injury No. 1, 4 and 5 were grievous in nature caused by hard and blunt substance.

Learned counsel for the petitioners has submitted that the injuries have been sustained by the informant on account of accident but from the injury report it appears that those injuries have been caused by hard and blunt substance. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which shall be considered by the court below on its own merit without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T