Hassan Khan @ Ali Hassan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53861 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Hassan Khan @ Ali Hassan Khan, son of late Ahmad Khan, resident of village-Yashpur, P.S.-Fatehpur, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is seeking anticipatory bail in connection with Fatehpur P.S. Case No.164 of 2016 registered for offences punishable under Sections 341, 323, 324, 504, 506 and 308 of the Indian Penal Code.

Learned counsel for the petitioner submits that this is a case lodged about one and half year back in which the allegation against the petitioner is that he had inflicted Saif blow which caused injury on the thigh of the informant. Learned counsel submits that petitioner is 71 years old and walks with the help of stick. He has further drawn my attention towards the fact mentioned in the impugned order that pursuant to the notice under Section 41(A) Cr.P.C. the petitioner appeared before the

Patna High Court Cr.Misc. No.53861 of 2017 (2) dt.09-11-2017 investigating officer and gave his statement before the police, but the police did not arrest him. Learned counsel submits that since petitioner is an old man and apprehends arrest in connection with this case, he has moved the court for grant of anticipatory bail. In the facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Fatehpur P.S. Case No.164 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and subject to further condition that he will continue to cooperate with the investigating officer and as and when called he will present himself before him.

(Rajeev Ranjan Prasad, J) Arvind/- U T