Salam Khan @ Md. Salam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26765 of 2020 Arising Out of PS. Case No.-115 Year-2018 Thana- AMAS District- Gaya ====================================================== SALAM KHAN @ MD. SALAM KHAN Son of Hesham Khan Resident of Village- Sihuli, P.S.- Amas, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Ahmad Khan For the Opposite Party/s :

Mr. T. N. Thakur, APP For the Informant :

Mr. Gajendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 447, 302 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on hearing the sound of firing, the informant woke up and saw the accused fleeing away from the room whereafter his brother was found dead.

Patna High Court CR. MISC. No.26765 of 2020(4) dt.07-07-2021 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. As per the allegation, the petitioner was seen fleeing away from the place of occurrence. There is no eye witness on the point of assault.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. Sherghati at Gaya in connection with Amas P.S. Case No. 115 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/-

Patna High Court CR. MISC. No.26765 of 2020(4) dt.07-07-2021 3/3 U T