Sifal Beg @ Seraj Beg @ Shimla Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32037 of 2018 Arising Out of PS.Case No. -668 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sifal Beg @ Seraj Beg @ Shimla Khan S/o Layik Khan @ Layik Beg, R/o Vill.- Muradabad, P.S.- Sasaram, Distt.- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sasaram (Model) P.S.Case no.668 of 2017 , registered for offences punishable under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that while the informant and his brother & mother were going by a tempo, some accused persons intercepted the temp and one Kallu Khan fired causing injury to Khurshid Alam, who is brother of the informant and due to which he suffered several injuries and in the FIR itself it is mentioned that the informant was working as a liner and he suspects role of the petitioner also.

Submission of the learned counsel for the petitioner is that except suspicion there is absolutely nothing against the petitioner

Patna High Court Cr.Misc. No.32037 of 2018 (3) dt.10-07-2018 2/2 and there is no allegation of firing against the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sasaram, Rohtas in connection with Sasaram (Model) P.S.Case no.668 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T