Md. Taz @ Md. Taz Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44864 of 2018 Arising Out of PS.Case No. -266 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Md. Taz @ Md. Taz Khan S/o Late Muslim Khan, R/o Vill.- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Bettiah Muffasil P.S. Case No. 266/2017, instituted for the offences punishable under Sections 341, 323, 385, 379 and 504/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from his possession. The learned Additional Sessions Judge has mentioned in the impugned order that name of this petitioner has come during investigation. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the
Patna High Court Cr.Misc. No.44864 of 2018 (2) dt.08-08-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bettiah Muffasil P.S. Case No. 266/2017, he shall 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 the learned Chief Judicial Magistrate, West Champaran, Bettiah, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T