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Patna High CourtCR. MISC./22602/2018rejected

Aftab Alam And ANR v. The State Of Bihar

2018-04-27Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22602 of 2018 Arising Out of PS. Case No.-1856 Year-2017 Thana- SASARAM NAGAR District- Rohtas ======================================================

1. Aftab Alam, S/o Rafiq Ahmad,

2. Mehandi Hasan @ Mehandi Alam S/o Rafiq Ahmad, Both are R/o Mohalla- Kazipura, P.S.- Sasaram (Town), DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ambika Bhagat ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Sasaram (T) P.S. Case No. 1856 of 2017 registered for offences under sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners have a criminal antecedent as stated in paragraph no.3 of the present application. An allegation has been made against the petitioners to have killed the victim.

Learned counsel for the petitioners submits that, in fact, the Informant side has killed their brother and both the bodes were lying at the place of occurrence.

Patna High Court Cr.Misc. No.22602 of 2018(2) dt.27-04-2018 2/2 This is not a ground to grant privilege of anticipatory bail to the petitioners.

Looking to the nature of offence and the petitioners having criminal antecedent, the prayer for anticipatory bail of the petitioners, above named, is rejected.

If the petitioners surrender before the court below and pray for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law. (Shivaji Pandey, J) rishi/- U T