High Court Patna High Court - Orders

Noor Mohammad vs The State Of Bihar &Amp; Ors on 5 October, 2010

Patna High Court – Orders
Noor Mohammad vs The State Of Bihar &Amp; Ors on 5 October, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.51269 of 2007
                   NOOR MOHAMMAD
                                          ...PETITIONER
                               Versus
                   1. THE STATE OF BIHAR
                   2. LADO
                   3. ISHRAT JAHAN @ ASHRAT KHATOON
                   4. SANO @ ALI FAISAL
                   5. MALIKA
                                            ...OPPOSITE PARTIES
                      For the petitioner :Mr.Ram Kant Sharma, Sr. Advocate
                      For the o.ps.      :Mr.D.K.Sinha, Sr. Advocate,
                                         :Mr.Md. Anis Akhtar &
                                         :Mr.Arif Siddique
                                      -----------

05. 05.10.2010 Heard counsel for the parties.

Present application has been filed by the informant

seeking cancellation of anticipatory bail granted in favour of

o.p.nos. 2 to 5 by learned Sessions Judge, Patna.

Counsel for the petitioner submits that a wrong

submission was made before the court for seeking bail.

Learned counsel for the opposite parties, on the

contrary, submits that order impugned was passed in presence of

the counsel representing the informant. It is contended that the

occurrence, as per the prosecution case, had taken place in the

year 2005, whereas the FIR was lodged in the year 2007. It is

further submitted that there is no allegation of misuse of privilege

of bail.

This Court on going through materials on record is

satisfied that no case for cancellation of anticipatory bail is made

out. The application is accordingly dismissed.

At this stage, both the parties submit that the case is
2

now pending trial after commitment. Both the counsels assure the

Court that they would fully co-operate in expeditious disposal of

the trial. Let the aforesaid stand of the parties be recorded.

( Kishore K. Mandal )
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