Tausif Khan @ Mintu Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10151 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Tausif Khan @ Mintu Khan, son of Aurangjeb Khan, resident of village- Lakhankhor Chhaugharia, P.S.- Ramnaga, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No.1, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Ram Nagar P.S. Case No.31 of 2017 instituted for the offence under Section(s) 406, 420/34 Indian Penal Code.
Counsel for the petitioner has submitted that he is not named in the First Information Report.
In the written report, it is alleged that the informant gave rupees sixteen thousand in cash and handed over Passport to co-accused, Rizwan, for issuance of Visa on payment of rupees two lac fifty thousand. Later on, Visa was found to be forged and belonging to different Passport.
It has been submitted that co-accused, Rizwan, has already been granted anticipatory bail by this Court by order
Patna High Court Cr.Misc. No.10151 of 2018 (2) dt.23-02-2018 2/2 dated 30.01.2018 passed in Cr. Misc. No.41607 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ram Nagar P.S. Case No.31 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 the SubDivisional Judicial Magistrate, Bagaha, West Chamapran, 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) JA/- U T