Patna High CourtCR. MISC./36390/2017disposed

Dablu Khan And ANR v. The State Of Bihar

2017-08-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.36390 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36390 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -PIRO District- BHOJPUR ======================================================

1. Dablu Khan S/o Late Guljar Khan

2. Md. Aslam Khan @ Aslam S/o Md. Masuk Khan Both are resident of Village - Piro, Ward No. 14, P.S. - Piro, Distt. - Bhojpur (Arrah). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 The petitioners are apprehending their arrest in connection with Piro P.S. Case No. 187 of 2016, registered for offences punishable under Sections 147, 148, 149, 153(a), 295(a), 323, 341, 504, 506, 307, 379 and 427 of Indian Penal Code. Allegation against the petitioners is of creating nuisance in the society and creating animosity between the two communities and also of assault to the informant. It has been submitted on behalf of the petitioners that there is case and counter case between the parties and the case lodged by the petitioners is prior to that lodged by the informant and only to save his skin, he has filed the present case. Further one case has also been filed by the informant against petitioner no. 1 in which he has been on bail.

Patna High Court Cr.Misc. No.36390 of 2017 (2) dt.10-08-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, I am not grant the privilege of anticipatory bail to the petitioners, their application is, accordingly, rejected.

Let petitioners surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the submission of learned counsel for the petitioners that there is case and counter case between the parties, shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T