Patna High CourtCR. MISC./5857/2016bail granted

Irshad v. The State Of Bihar

2016-02-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5857 of 2016 Arising Out of PS.Case No. -566 Year- 2014 Thana -KATIHAR District- KATIHAR ====================================================== Irshad, Son of Md. Taslim, Resident of Mohalla- Rampara, P.S.- Katihar Town, Dist- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Adv. For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-02-2016 Heard Sri Arun Kumar Mandal, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Katihar Town P.S. Case no.566/2014 registered for the offence under Section 302 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown and during investigation, only suspicion has been raised against the petitioner. Learned counsel for the petitioner, by way of referring to Annexure-3 to the present petition i.e. a copy of the order dated 28.01.2016 passed in Cr.Misc.No.39806 of 2015 submits that in similar circumstances, two other accused persons have been extended the

Patna High Court Cr.Misc. No.5857 of 2016 (2) dt.23-02-2016 2/2 privilege of anticipatory bail. He submits that the investigation is still going on.

Accordingly in terms of order dated 28.01.2016 passed in Cr.Misc.No.39806 of 2015, let the petitioner , namely, Irshad be enlarged on bail, in the event of his arrest or surrender within six weeks from today, on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case no.566/2014 on condition that one of the bailors must be blood relation of the petitioner and the petitioner shall render full co-operation to the Investigating Officer during investigation.

It is made clear that if during investigation, sufficient material is collected against the petitioner and police submits chargesheet against the petitioner, bail bond of the petitioner of the present case shall stand automatically cancelled and thereafter, the petitioner will have to surrender and make a prayer for regular bail.

(Rakesh Kumar, J) NKS/- U