Md. Jony And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37792 of 2017 Arising Out of PS.Case No. -411 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Md. Jony,

2. Md. Alam Both Sons of Md. Rafique @ Rafique @ Behra, R/o Mohalla- Rampara, Ward No. 23, P.S.- Katihar (N), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-08-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Katihar Town P. S. Case No. 411 of 2017 instituted under Sections 448, 323, 324, 379 and 307 of the Indian Penal Code. The allegation, in brief, is that petitioners stabbed in the abdomen of the informant and snatched away Rs. 11,000/- from him.

It is submitted that petitioner no. 2 has been arrested, so anticipatory bail application filed on his behalf has become infructuous.

Accordingly, anticipatory bail application on behalf of the petitioner no. 2 stands dismissed as having become

Patna High Court Cr.Misc. No.37792 of 2017 (2) dt.11-08-2017 2/2 infructuous.

Learned counsel for the petitioner submits that the informant and the petitioner are agnates living in the same house and on petty issue they quarreled and the injury is simple in nature.

Having considered the nature of injury in the abdomen caused by sharp weapon, the prayer for anticipatory bail of the petitioner no. 1 is rejected.

However, if the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Arun Kumar, J) Sujit/- U