Patna High CourtCR. MISC./42495/2017allowed

Ejaj Khan @ Md. Ejaj Khan And ORS v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42495 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Ejaj Khan @ Md. Ejaj Khan, Son of Late Mokhtar Khan,

2. Sejam Khan, Son of Late Mokhtar Khan,

3. Firoj Khan, Son of Late Habib Khan, All Are R/o Village - Salempur, P.S. - Haspura, District - Aurangabad.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 447, 341, 323, 324, 337, 504, 509 and 506/34 of the Indian Penal Code. The allegation of commission of assault with sword is against petitioner no. 3 Firoj Khan who has already been arrested in this case. Hence, prayer for anticipatory bail is dismissed as infructuous.

There is general and omnibus allegation against other petitioners Ejaj Khan @ Md. Ejaj Khan and Sejam Khan of commission of abuse and assault.

Considering the aforesaid fact, let the petitioner no. 1

Patna High Court Cr.Misc. No.42495 of 2017 (2) dt.21-09-2017 2 /2 and 2, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar (Aurangabad)/successor Court in connection with Haspura Police Station Case No. 105 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T