Patna High CourtCR. MISC./47697/2017rejected

Nazmul Hoda Khan And ANR v. The State Of Bihar

2017-11-29Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.47697 of 2017 (4) dt.29-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47697 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nazmul Hoda Khan S/o Late Nabu Khan @ Nabujan Khan

2. Husnain Khan @ Md. Husnain Khan S/o Late Nurul Hoda Khan both of Tola Islampur, Dhaka Ramchandra, P.S. - Dhaka, Dist. - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dhaka Police Station Case No. 197 of 2017, disclosing offences under Sections 147, 149, 447, 327, 386, 341, 323, 504, 506 and 427 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is land dispute between the parties and on account of that scuffle took place between the parties. There is no specific allegation against these petitioners. Hence, the petitioners who are of clean

Patna High Court Cr.Misc. No.47697 of 2017 (4) dt.29-11-2017 antecedent deserve the privilege of anticipatory bail. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submitted that these petitioners are named in the F.I.R. with allegation that they along with others demanded extortion money of Rs. 5 lacs on the point of pistol and assaulted the informant by sharp cutting weapon on his hand and legs.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of these petitioners are rejected.

(Arvind Srivastava, J) brajesh/- U T