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Patna High CourtCR. MISC./848/2019bail granted

Daroga Khan And ORS v. The State Of Bihar

2019-01-29Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.848 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- NASRIGANJ District- Rohtas ======================================================

1. Daroga Khan, aged about 25 years.

2. Amir Khan, aged about 23 years.

3. Saif Ali Khan, aged about 20 years.

All sons of Furkan Khan, Resident of village- Mauna, P.S-Nasriganj, District -Rohtas.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nasriganj P.S. Case No. 117 of 2018, registered for the offence under Sections 147, 148, 149, 153, 323, 341, 325, 427, 436, 448, 504 and 506 of the Indian Penal Code.

As per the self statement of the informant S.I. Samrat Singh, S.H.O., Nasriganj Police Station, on 27.05.2018 at about 7:30 pm. the members of Hindu and Muslim communities were scuffling to each other and some of them

Patna High Court Cr.Misc. No.848 of 2019(2) dt.29-01-2019 2/3 received injury. The Police tried to intervene in the matter, but they continued to fight. The name of the petitiners have been surfaced in the F.I.R.

Learned counsel for the petitioners submits that the other accused persons, who have been made accused in this case, have been granted anticipatory bail by the Court below itself. He has also produced the orders passed by the Court below.

Considering the facts and circumstances of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Vikramganj, Rohtas, Sasaram, in connection with Nasriganj P.S. Case no. 117 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable

Patna High Court Cr.Misc. No.848 of 2019(2) dt.29-01-2019 3/3 explanation, the present order will be treated to have been cancelled. This is also subject to the condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases, then the cornered Court below would be at liberty to take steps for cancellation of their bail bonds.

(Shivaji Pandey, J) pawan/- U