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Patna High CourtCR. MISC./56007/2022rejected

Aftab @ Md. Aftab v. The State Of Bihar

2023-02-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56007 of 2022 Arising Out of PS. Case No.-354 Year-2013 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

AFTAB @ MD. AFTAB Son of Noor Mohammad Resident of MohallaChakrahmat Bhigo, P.S.- Laheriasarai, District- Darbhanga 2.

Mahtab @ Md. Mahtab Son of Noor Mohammad Resident of MohallaChakrahmat Bhigo, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend arrest in connection with Laheriasarai P.S. Case No. 354 of 2013 registered under Section 307 and other allied sections of the I.P.C.

Submission of learned counsel for the petitioners is that petitioners are innocent and have falsely been implicated in the present case. There is land dispute between the parties. Further he submits that petitioners have no criminal antecedent. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioners by contending that in the first information report, there is direct allegation of

Patna High Court CR. MISC. No.56007 of 2022(2) dt.14-02-2023 2/2 assault by means of sword and iron rod on the head of the informant with intention to kill him. Hence, the petitioners do not deserve to be enlarged on anticipatory bail. Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer of the petitioners is rejected.

shailendra/- (Arvind Srivastava, J) U T