Mahtab Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24121 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ====================================================== Mahtab Khan Son of Late Suraj Khan @ Late Sargaj Khan, Resident of village- Palatpura, P.S.- Asthawan, District- Nalanda, At present residing at Village- Simraur, P.S. Nimchak Bathani, District- Gaya .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate.
For the Opposite Party : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2015 Heard both sides.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other Section of the Indian Penal Code and Section 27 of the Arms Act. The petitioner and other accused persons having armed with different weapons are alleged to have come at the Darwaja of the informant and looted different articles from his house and assaulted.
It is submitted that Md. Mumtaz Khan and Umair Khan and others have already been granted anticipatory bail. There is a counter version. No specific allegation is made against the petitioner and the petitioner was not even armed with any weapon. Considering the facts aforesaid and the fact that
Patna High Court Cr.Misc. No.24121 of 2015 (2) dt.10-07-2015 2/2 similarly situated accused persons have already been enlarged on anticipatory bail, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Nimchak Bathani P.S. Case No. 62 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T