Dr Iqubal Khan @ Md. Eqbal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41231 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Dr. Iqubal Khan @ Md. Eqbal Khan, Son of Md. Shoyeb Khan @ Sohaib Ahmad Khan, resident of Mohalla- Shahganj Benta, P.S. Laheriasarai, District Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar Jha, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Laheriasarai P.S. Case No. 71 of 2018 instituted for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 12(ii) (1-A) (a) of the Passport Act, 1967.

Learned counsel for the petitioner has submitted that main accused is Ricky Kumar Yadav who has applied for Indian Passport after concealing the fact that he is resident of Nepal. The allegation against the petitioner is that Ricky Kumary Yadav told before the police that he was living in the lodge at the instance of this petitioner. It has further been submitted that witness who has signed on the passport, has already been granted anticipatory bail by this Court vide order dated 29.06.2018 passed in Cr. Misc.

Patna High Court Cr.Misc. No.41231 of 2018 (2) dt.16-07-2018 2/2 30557 of 2018.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Laheriasarai P.S. Case No. 71 of 2018, 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 learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C. 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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 petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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