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Patna High CourtCR. MISC./24012/2024bail granted

Zafar Khan @ Md. Zafar Khan @ Jafar Khan @ Md. Jafar Khan v. The State Of Bihar

2024-05-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24012 of 2024 Arising Out of PS. Case No.-240 Year-2021 Thana- JANTA BAZAR District- Saran ====================================================== Zafar Khan @ Md. Zafar Khan @ Jafar Khan @ Md. Jafar Khan S/o Irfan Khan @ Md. Irfan R/o Vill - Murarpur, P.S. - Janta Bazar, Dist. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that he assaulted the informant causing injury on head. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assault is against this petitioner and Inaitullah Khan, as such, it cannot be alleged with certainty that it was this petitioner, who assaulted the informant. It is next submitted that the petitioner is in custody since 24.01.2024.

Patna High Court CR. MISC. No.24012 of 2024(3) dt.17-05-2024 2/2

4. Learned A.P.P. Mr. Chandra Bhushan Prasad opposes the prayer for bail of the petitioner and submits that in the event if the petitioner is granted the privilege of regular bail, he may abscond, on which, the learned counsel appearing on behalf of the petitioner submits that the petitioner will not abscond rather with co-operate in the trial.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.25000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Janta Bazar P.S. Case No.240/2021.

6. Further, one of the bailors of the petitioner shall be his father, namely, Irfan Khan @ Md. Irfan.

7. However, it is made clear that in the event if the learned trial court comes to a conclusion that the petitioner after being released on regular bail is trying to delay the trial in any manner, the learned trial court shall be at liberty to forthwith cancel the bail bond of the petitioner.

(Satyavrat Verma, J) amit/- U T