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Patna High CourtCR. MISC./31098/2018bail granted

Imroz Khan And ANR v. The State Of Bihar

2018-07-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31098 of 2018 Arising Out of PS. Case No.-668 Year-2017 Thana- SASARAM NAGAR District- Rohtas ======================================================

1. Imroz Khan,

2. Nafes Khan @ Nafish Khan Both Sons of Nasim Khan, R/o Vill.- Kaithi, P.S.- Sheosagar, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP 198 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Sasaram (Model) P.S. Case No. 668 of 2017 instituted for the offence under Sections 302 and 120B of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioners submits that there is specific allegation against Kallu Khan of causing fire arm injury to father of the informant, who died in Sadar Hospital, Sasaram. The petitioners are not named in the written report. The name of these petitioners have been disclosed by informant in his re-statement.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.31098 of 2018(4) dt.10-07-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sasaram (Model) P.S. Case No. 668 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.