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Patna High CourtCR. MISC./40859/2017bail granted

Zakir Hussain v. The State Of Bihar

2017-09-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40859 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Zakir Hussain, Son of Md. Sharik Khan @ Shafik Khan, Resident of Village- Balihar, P.O.+P.S.- Suryapura, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dawath P.S. Case No. 57 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 353 and 109 of the Indian Penal Code. It has been submitted that there is general and omnibus allegation against this petitioner.

In the written report it is alleged that this petitioner was identified by the police Officer who along with 100 unknown persons has created obstruction in smooth functioning of Panchayat Election.

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

Patna High Court Cr.Misc. No.40859 of 2017 (2) dt.06-09-2017 2/2 weeks from today, in connection with Dawath P.S. Case No. 57 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, , 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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