Gyas Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74851 of 2018 Arising Out of PS. Case No.-194 Year-2018 Thana- DHURAIYA District- Banka ====================================================== Gyas Khan, Son of Late Rahman Khan, Resident of Village- Baliyas, P.S.- Dhankund, DistrictBanka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhirendra Kumar, Advocate For the Opposite Party :

Anita Kumari Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for offence under sections 147, 341, 323, 353, 504 and 506 Indian Penal Code.

It is submitted on behalf of the petitioner that the nature of allegation itself suggest that there was a crowd of 40 to 50 people at the time of occurrence. There is no specific allegation against the petitioner and that he has been falsely implicated in this case on the basis of extraneous consideration so as to overcome the lapses committed by the doctor and the Primary Health Center due to which petitioner's son died. Prior to the instant case, there is no criminal antecedent of the petitioner.

In the facts of the case, prayer for anticipatory bail to

Patna High Court Cr.Misc. No.74851 of 2018(2) dt.19-12-2018 2/2 the petitioner is allowed. In the event of arrest/surrender within a period of four weeks from today, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Banka in Dhoraiya Police Station Case No. 194 of 2018 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he/she is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) shashi/- U T