← Library
Patna High CourtCR. MISC./978/2019bail granted

Md. Kaish Khan @ Kaish Khan And ORS v. The State Of Bihar

2019-01-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.978 of 2019 Arising Out of PS. Case No.-117 Year-2015 Thana- BUXAR District- Buxar ======================================================

1. Md. Kaish Khan @ Kaish Khan, S/o Harun Khan

2. Suhail Khan @ Monu Khan @ Monu, S/o Md. Faruk Khan

3. Moti Khan @ Mudasar Nazar, S/o Abdul Kayum Khan All R/vill-Sarimpur (Baraki), P.S-Buxar, Dist.-Buxar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Sakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Buxar (T) P.S. Case No. 117 of 2015, registered for the offences punishable under Sections 147, 148, 149, 323, 332, 337, 338, 307, 353, 427, 435, 325 of the Indian Penal Code. Allegation has been made that a truck collided with a motorcycle resulted into death of eight persons and caused injuries to several persons. Thereafter, a mob of 400-500 people made protest by pelting stones and put the truck on fire when police went to pacify the mob, the mob pelted stones on the police personal also and damaged other vehicles. The petitioners have been alleged to be members of the group of rioter.

Patna High Court Cr.Misc. No.978 of 2019(2) dt.15-01-2019 2/2 Looking to the entire facts and circumstances of the case, let the petitioners above-named be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (T) P.S. Case no. 117 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T