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Patna High CourtCR. MISC./16505/2016rejected

Md. Maqool @ Md. Maqbool v. The State Of Bihar

2016-05-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16505 of 2016 Arising Out of PS.Case No. -186 Year- 2010 Thana -RANIGANJ District- ARRARIA ====================================================== Md. Maqool @ Md. Maqbool Son of Oli Resident of Village - Purwi Jhirwa, P.S.- Forbesganj (Simraha), District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Adv. For the Opposite Party/s : Mr. R.B.Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.

The petitioner apprehends his arrest in Raniganj P.S. Case No. 186/2010 (G.R. 1601/2010), registered for the offences punishable under Sections 147, 148, 149, 323, 452, 342, 324, 379, 395 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(i)(x) of the S.C./S.T. Act The informant made allegation that the petitioner and others armed with weapons entered into the house of the informant and started assaulting him along with his family members and also snatched silver chain of her wife and forcibly took away their cattles.

It is submitted that the informant himself stated in he FIR that due to mistake the name of the petitioner mentioned in

Patna High Court Cr.Misc. No.16505 of 2016 (2) dt.12-05-2016 2/2 the aforesaid case. It appears that the case was filed in the year 2010 and after six years petitioner moved before this Court for grant of anticipatory bail.

Considering the facts aforesaid and the fact that after lapse of six years the petitioner seeks grant of anticipatory bail, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrender before the court below learned court below shall consider his prayer for regular bail on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J.) Vinita/- U T