Sabir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27327 of 2020 Arising Out of PS. Case No.-368 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== SABIR KHAN S/o Late Shakur Khan Resident of Village-Manan Bigha, Bhadeya, P.S.-Barachatti, District-Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Jubair Ansari, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Barachatti P. S Case no. 368 of 2018 registered under sections 147, 148, 149, 341, 323, 325, 337, 338, 427, 153A, 427, 504, 506, 120B and 395A of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that while the informant and others were proceeding for giving information to the villagers with respect to the Yagya being performed by them, the accused persons came, assaulted them and destroyed the articles meant for Yagya. The petitioner was one of the 13 named accused persons. It is further stated that Rs. 12,000/- which was the donation amount collected was also taken away.

It is submitted by learned counsel for the petitioner that a number of co-accused, some of the orders of which have been brought on record as Annexure 3 to this petition have been enlarged on bail by the learned Court below itself. The

Patna High Court CR. MISC. No.27327 of 2020(2) dt.08-01-2021 2/2 petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to other co-accused, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Barachatti P.S. Case no. 368 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U