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Patna High CourtCR. MISC./72970/2019dismissed

Md. Kamrul Hasan @ Kamrul v. The State Of Bihar

2020-03-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72970 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md. Kamrul Hasan @ Kamrul, aged about 40 years, Male, Son of Late Md. Akhiyas 2.

Md. Jamiruddin, aged about 45 years, Male, Son of Late Md. Akhiyas 3.

Md. Aftab @ Bablu @ Aftab Alam, aged about 24 years,Male, Son of Md. Mehruddin 4.

Md. Jaffiruddin, aged about 38 years, Male, Son of Late Md. Akhiyas, all resident of Village- Puraini, P.S.- Srinagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Informant :

Mr.Dinesh Pd. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners, the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Srinagar P.S. Case No. 13 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners and others is that petitioners and other co-accused persons assaulted the informant with lathi, fare arms and farsa.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.72970 of 2019(3) dt.05-03-2020 2/2 petitioners have falsely been implicated in this case. Learned counsel for the petitioners further submits that there is case and counter case between the parties. Admittedly, there is land dispute between the parties.

Learned counsel for the informant submits that in paragraph-91 of the case diary, there is grievous injury. The doctor has found that all the injuries are grievous in nature. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the above named petitioners. Accordingly, the prayer for grant of anticipatory bail to the petitioners is hereby rejected in connection with Srinagar P.S. Case No.13 of 2019 pending in the court of Chief Judicial Magistrate, Madhepura. However, the petitioners are directed to surrender before the court below and the learned court below shall pass the order on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T