Abdul Jabbar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14794 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -KARENDE District- SEKHPURA ======================================================
1. Abdul Jabbar, S/o Md. Amin,
2. Md. Amin, S/o Md. Habib, Both residents of village- Asthawan, P.S.- Karandey, District- Shekhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. For the Informant : Mr. Bipin Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Karandey P.S. Case No. 01 of 2017, registered under Sections 341, 323, 379, 307, 506/34 of the Indian Penal Code.
Allegation against the petitioner no.1 is that he assaulted the informant by Talwar on his head and petitioner no.2 assaulted by iron rod on his left leg. However, it has been submitted on behalf of the petitioners that both injuries were found to be simple in nature and it has come during the course of investigation that there is land dispute between the parties. Heard learned Additional P.P. as well as learned
Patna High Court Cr.Misc. No.14794 of 2017 (3) dt.27-04-2017 2/2 counsel appearing on behalf of the informant. They have opposed the prayer for anticipatory bail stating that there is allegation against the petitioner no.1 of assault by sworn. As such they do not deserve for anticipatory bail.
In view of the facts and circumstances, stated above, let the petitioners surrender in the court below and make prayer for regular bail before the court concerned, which will be considered and decided on the same day by the learned court below without being prejudiced by the order of this court and also on the basis of submission of the learned counsel for the petitioners that the injuries were simple in nature.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) BTiwary/- U T