Md. Sharukh @ Bunny Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9252 of 2017 Arising Out of PS.Case No. -110 Year- 2015 Thana -LODIPUR District- BHAGALPUR ====================================================== Md. Sharukh @ Bunny Khan son of Late Nayyer Azam Resident of Mohalla - Barahpura, Police Station - Ishackchak, District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Sri Murlidhar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3.

13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 11.04.2016 in connection with Lodipur P.S. Case No. 110 of 2015 registered for the offence punishable under Sections 392 of the Indian Penal Code and 27 of the Arms Act, later on charge-sheet has been submitted under Sections 395/412 of the Indian Penal Code.

It has been submitted by the learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in the aforesaid case. He has further submitted that charge-sheet has already been submitted, and hence, there is no chance of tampering with the prosecution evidence, and just because he is involved in three more cases earlier, he has

Patna High Court Cr.Misc. No.9252 of 2017 (3) dt.13-04-2017 been made accused in the present case.

Learned counsel for the petitioner has submitted that all the accused persons have been granted the privilege of bail by learned court below itself.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Bhagalpur, in connection with Lodipur P.S. Case No. 110 of 2015, subject to condition that one of the bailors would be a close relative of the petitioner who will state his relation with the petitioner on affidavit and that the petitioner will appear before the learned court below on each and every date, failure to appear on two consecutive dates without assigning any reason will entail the cancellation of bail bonds.

(Nilu Agrawal, J.) Rajeev/- U T