Sheikh Imteyaz Ahmad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30387 of 2015 Arising Out of PS.Case No. -207 Year- 2013 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheikh Imteyaz Ahmad
2. Sheikh Mustaque @ Mustaque Ahmad
3. Sheikh Istaque @ Sheikh Isteyaque
4. Munna
5. Sheikh Anarul .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in connection with Lauriya P.S. Case No.207 of 2013 registered for the offences punishable under Sections 143/341/323/324/307/380/452/149 of the Indian Penal Code, pending before the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran.
It is alleged that the accused persons including the petitioners came variously armed assaulted the informant and others and took away cash of Rs.5000/- from the possession of the informant.
Patna High Court Cr.Misc. No.30387 of 2015 (2) dt.31-07-2015 2/2 It is submitted by learned counsel for the petitioners that petitioner is on police bail.
In that circumstance, the anticipatory bail application is not maintainable.
Let the learned Court below consider the prayer for regular bail of the petitioners in view of the ratio laid down in the case of Mahendra Prasad Singh versus The State of Bihar reported in 2004(3) PLJR 491.
However, it is made clear that in such circumstances when the accused is on police bail, the regular bail can only be denied, in case of misuse of privilege for bail. With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T