Banty @ Bunty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22892 of 2018 Arising Out of PS. Case No.-388 Year-2016 Thana- PHULWARI SHARIF District- Patna ====================================================== Banty @ Bunty, Son of Md. Nizam @ Md. Nezam Resident of VillageIshopur Firdaus Nagar, Phulwari Sharif, P.S. Phulwari District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishor Prasad For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Phulwari Sharif P.S. Case No.388 of 2016 (G.R. No.4369 of 2016), registered for the offence punishable under Sections 147, 148, 149, 323, 325, 307, 504 and 506 of the Indian Penal Code.

Allegation has been made that the accused persons including the petitioner came at Murgiya Tola holding deadly weapons to assault one Sahil, Roki, Bikki and Kalam, but they did not found there, then the accused persons started hurling abuses and when Fahim Ansari try to specify them they lost their control and he was badly assaulted by the accused persons, led to become unconscious.

Patna High Court Cr.Misc. No.22892 of 2018(2) dt.27-04-2018 2/2 Learned counsel for the petitioner submits that coaccused Sikki @ Md. Sikki, has been granted bail by this Court in Criminal Miscellaneous No.18253 of 2017, in which the Court has held that Sikki @ Md. Sikki, was only keeping the gun has not used it.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T