Md. Israfil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4856 of 2022 Arising Out of PS. Case No.-240 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== 1.

MD. ISRAFIL KHAN S/o Md. Israil Khan R/o village- Madhopur, P.S.- Chhatapur, District- Supaul, Bihar 2.

Md. Janif Khan S/o Md. Isarail Khan R/o village- Madhopur, P.S.- Chhatapur, District- Supaul, Bihar 3.

Abdul Mannan @ Nannan Khan S/o Md. Israil Khan R/o village- Madhopur, P.S.- Chhatapur, District- Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

It is a case of murder of the informant's husband by the accused persons including the petitioners. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against them and no specific allegation of assault is against the

Patna High Court CR. MISC. No.4856 of 2022(3) dt.29-08-2022 2/2 petitioners. The main allegation is against co-accused Moti Khan that he pressed the chest of the deceased, namely, Kalamuddin Khan. He further submits that after completing the investigation, the petitioners were not sent up for trial but the learned trial Court has taken cognizance against these petitioners. Petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-V, Supaul in connection with Chhatapur P.S. Case No. 240 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T