Md. Tahir Jafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12747 of 2018 Arising Out of PS.Case No. -374 Year- 2017 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Md. Tahir Jafar, S/o Late @ Late Md. Zafar Khan, R/o Hussainpur, P.S.- Mojahidpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mojahidpur P.S. Case No. 374 of 2017 instituted for the offence under Sections 201, 120(B) of the Indian Penal Code and Sections 3 and 4 of Explosive Substance Act.

In the written report the informant who is Inspector cum S.H.O. has alleged that he got information that Bomb explosion has taken place near (Masjid) at Hussainpur Mohalla, he along with Police party rushed to the place of occurrence. On enquiry, the informant learnt that the Bomb was exploded in the house of late Jafar Khan, father of this petitioner and in that incident his son Md. Samir Khan @ Chhotu has sustained injury who was getting treatment in the Clinic of Dr. Mahboob. Thereafter, he was admitted in the Medical College. It is further alleged that on inspection of house of late Jafar Khan, smell of some explosive substance (Barood) was coming and the floor was

Patna High Court Cr.Misc. No.12747 of 2018 (2) dt.09-03-2018 2/2 found cleaned with chemical and water and fan was on. Learned counsel for the petitioner has submitted that this petitioner has been made accused merely on suspicion because he is brother of injured Md. Samir Khan @ Chhotu.

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 Mojahidpur P.S. Case No. 374 of 2017, 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, Bhagalpur, 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/- U T