Ali Henya @ Ali Hemja And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8326 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -IMAMGANJ District- GAYA ======================================================

1. Ali Henya @ Ali Hemja, Son of Late Jafrul Bari Mian,

2. Moti Mian, Son of Ali Mian, Both resident of Village - Binayaka, P.S. - Imamganj, District - Gaya. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.

Petitioners are seeking anticipatory bail in Imamganj P.S. Case No. 112/2017 for the offences registered U/S 147, 148, 149, 341, 324, 325, 307 and 348 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that there is no specific allegation of causing any injury against these petitioners. He further submits that there is a land dispute between the parties and because of the said land dispute it seems that both the parties have had a free fight. Learned counsel also points out that one of the accused, namely, Naushad Mian has been granted regular bail by a co-ordinate bench of this court in Cr. Misc. No.

Patna High Court Cr.Misc. No.8326 of 2018 (3) dt.28-02-2018 2/2 55770 of 2017.

Learned A.P.P. for the State opposed the prayer for anticipatory bail submitting that from the impugned order it is clear that several injuries were caused to the prosecution party. At least, three persons were brutally assaulted and grievous injuries have been found on their body.

Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the present petitioners.

In case the petitioners surrender and pray for regular bail in the court below within a period of four weeks from today, their prayer for bail shall be considered on its own merits without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) Dilip, AR U T