Md. Navi Hassan Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66887 of 2018 Arising Out of PS. Case No.-152 Year-2015 Thana- AMAS District- Gaya ======================================================

1. Md. Navi Hassan Khan, S/o Masuque Khan,

2. Aslam Khan, S/o Basir Khan,

3. Imteyaz Khan, S/o Mustak Khan,

4. Abdul Bari Khan, S/o Late Nazir Khan, All are resident of Village- Gamahriya, Police Station- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Sri Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences punishable under Sections 147,148,149,342,337,353,307 and 504 of Indian Penal Code, 27 of the Arms Act as well as 3 of Bihar Crime Control Act.

The allegation in the FIR is that when the police party went to apprehend a warrantee they were resisted by the villagers. Petitioner has been implicated in this case along with 80 other persons.

It is submitted by counsel for the petitioner that no specific allegation has been made against the petitioner. The petitioner has no criminal antecedent prior to the instant case. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.66887 of 2018(2) dt.14-12-2018 2/2 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 four 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 Chief Judicial Magistrate, Gaya in Amas P.S. Case No. 152 of 2015 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

1. 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.

2. 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