Md. Yunush Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75227 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- SHANKARPUR District- Madhepura ======================================================

1. Md. Yunush Khan son of Late Ahmad Khan, resident of Kajra Ward No. 11, P.S. - Shankar Pur, District - Madhepura.

2. Md. Murtuza Khan @ Md. Murtuza, S/o Md. Yunush Khan, resident of Kajra, Ward No. 11 , P.S. - Shankarpur, district - Madhepura. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Shankarpur P.S. Case No. 40/2018 registered under Sections 341, 323, 380, 452, 427, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner no. 1 is 72 years old and is a co-sharer. Learned counsel submits that the informant has got some land dispute with one Md. Hasim, who is one of the co-accused. It is submitted that the allegations are general and omnibus and there is no allegation of assault and no injury to the informant or anybody in the family of informant.

Patna High Court Cr.Misc. No.75227 of 2018(2) dt.20-12-2018 2/2 Learned counsel for the State is present and opposes the prayer for anticipatory bail of the petitioners. In the given facts and circumstances of the case, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st Madhepura, in connection with Shankarpur P.S. Case No. 40/2018, subject to condition that petitioners shall join investigation by reporting to the Investigating Officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

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