Sajid Khan @ Babban @ Sajid Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22012 of 2018 Arising Out of P.S.Case No. -170 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Sajid Khan @ Babban @ Sajid Ali, S/o Md. Hasam Khan, a resident of Village- Sitanabad, P.S.- Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.
The petitioner apprehends arrest in connection with Simari Bakhatiyarpur P.S.Case No.170 of 2017 registered for an offence under Section 379 and other Sections of the IPC. It has been submitted that the case has been registered on the basis of self statement of police officer. It is alleged that on the date of occurrence, this petitioner along with 21 others variously armed with deadly weapon started abusing the informant and assaulted him and also snatched gold chain.
It has been submitted that there is delay of more than two months in lodging the FIR. The allegation of assault is omnibus and similarly situated co-accused have been allowed anticipatory bail by a coordinate Bench of this Court in
Patna High Court Cr.Misc. No.22012 of 2018 (2) dt.26-04-2018 2/2 Cr.Misc.No.19759 of 2018.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today 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 CJM, Saharsa in connection with Simari Bakhtiyarpur P.S.Case No.170 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T