Babar Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.37375 of 2017 (5) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37375 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. Babar Khan, Son of Late Jalil Khan, Resident of Village- Mananbigha Bhadiya, P.S.-Barachatti, Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan, Adv. For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sherghati (Dobhi) Police Station Case No. 14 of 2017, disclosing offences under Sections 413, 414, 420, 384, 467, 468, 471 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, the petitioner is not the owner of any truck and have no concern with any truck driver. There is no allegation of any delivery by any forged document against the petitioner rather he has falsely been implicated in this case due to local politics. Moreover, co-

Patna High Court Cr.Misc. No.37375 of 2017 (5) dt.07-09-2017 accused, Jagan Yadav, Sujit Kumar, Surendra Paswan, Rajendra Yadav and Mahendra Saw, have more or less similar allegation have been granted bail by different co-ordinate Benches of this Court in Cr. Misc. Nos.13164 of 2014, 14559 of 2017, 12810 of 2017, 17521 of 2017 and 15135 of 2017 respectively. Hence, the petitioner also deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati at Gaya, in connection with Sherghati Police Station Case No. 14 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T