Lukman @ Lukman Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22949 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -BANMANKHI District- PURNIA ====================================================== Lukman @ Lukman Miyan, Son of Latif MIyan @ Latim Miyan, Resident of Village-Barmotra, Ward No.11, Police Station-Bhargama, DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in connection with Banmankhi P.S. Case No. 18 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted that he has been implicated in this case after six months of the occurrence on the basis of statement of witnesses. The petitioner's name has been dragged in this case alleging that he has indulged in conspiracy. It is submitted that it is a case of false implication. Other than the suspicion there is nothing against the petitioner and that other similarly situated has been allowed anticipatory bail in Cr. Misc. No. 29587 of 2017

Patna High Court Cr.Misc. No.22949 of 2018 (2) dt.25-04-2018 2/2 vide order dated 11.08.2017.

In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within six weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 1st Purnia in Banmankhi P.S. Case No 18 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U