Patna High CourtCR. MISC./30080/2017rejected

Indrajeet Kumar And ANR v. The State Of Bihar

2017-07-06Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30080 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Indrajeet Kumar Son of Akhilesh Prasad, Resident of Village-Utimpur, Police Station-Hulaganj, District-Jehanabad.

2. Anil Prasad, son of Mahavir Prasad, resident of village- Palichh, Police Station- Parwalpur and District- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Allegation in brief is that the petitioners with other accused assaulted the informant and others when they raised objection not to construct over the disputed land. Learned counsel for the petitioners submits that there is case and counter case between both sides due to land dispute and one of the co-accused has been admitted to anticipatory bail. However, it appears from perusal of the impugned order that the

Patna High Court Cr.Misc. No.30080 of 2017 (2) dt.06-07-2017 2/2 prayer for anticipatory bail of two similarly situated co-accused was earlier rejected by a Co-ordinate Bench of this Court and there is neither any statement in the bail petition nor a copy of any order is annexed showing grant of anticipatory bail to other co-accused. Having considered the said facts and circumstances, the prayer for anticipatory bail of the petitioners, namely, Indrajeet Kumar and Anil Prasad is rejected in connection with Hulasganj P.S. Case No.49 of 2016 pending in the court of Sri Ramayan Ram, Chief Judicial Magistrate, Jehanabad. However, if the petitioners surrender and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T