Patna High CourtCR. MISC./70609/2018bail granted

Md. Irfan Khan v. The State Of Bihar

2019-01-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70609 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- BIRAUL DistrictDarbhanga ====================================================== Md. Irfan Khan Son of Late Ataullah Khan Resident of Village-Karhari,P.S. Biraul,Distt.-Darbhanga ... ... Petitioner

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar, Advocate.

For the Respondent :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 379, 427/34 of the Indian Penal Code registered in connection with Biraul P.S. Case No. 59 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of Biraul P.S. Case No. 154 of 2015 which has been instituted by the petitioner against the informant's brother and family members and which trial has commenced and the prosecution parties is pressurizing to withdraw the said case. The injuries are simple in nature. The parties are agnates and next door neighbours in connection with which a few cases have been field against the petitioner in past.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above

Patna High Court Cr.Misc. No.70609 of 2018(2) dt.15-01-2019 2/2 named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Biraul P.S. Case No. 59 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/ U T