Akib @ Aakib Khan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11482 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== 1.
AKIB @ AAKIB KHAN Son of Faiyaz Khan Resident of Village - Godana, P.S.- Rivilganj, District- Saran at Chapra 2.
Faiyaz Khan Son of Late Jamal Khan Resident of Village - Godana, P.S.- Rivilganj, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 325, 307, 506, 504/34 IPC registered in connection with Rivilganj P.S. Case No. 362 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the accusation of assault against the petitioners is general and omnibus in nature. Specific accusation of assault on the nose of the informant is on co-accused Naulakh Khan @ Ghulame Mustafa with gupti and upon co-accused Faizan Khan @ Tipu Khan with blunt side of sword leading to grievous injury on the nose of the informant. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VIIIth, Saran at Chapra in connection with Rivilganj P.S.
Patna High Court CR. MISC. No.11482 of 2019(2) dt.26-02-2019 2/2 Case No. 362 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T