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Patna High CourtCR. MISC./37068/2019bail granted

Adnan Khan @ Andan Khan @ Adnam Khan v. The State Of Bihar

2019-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37068 of 2019 Arising Out of PS. Case No.-887 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ADNAN KHAN @ ANDAN KHAN @ ADNAM KHAN Son of Enamul Khan Resident of Village - Bhabua Chhawani Mohalla, P.S.- Bhabua, Distt - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bhabua P.S. Case No. 887 of 2018 registered for the offence punishable under Section 302 of the Indian Penal Code.

As per prosecution case son of informant had gone along with the petitioner and later on he was killed. Submission of learned counsel for the petitioner is that the allegation is false and concocted and as a matter of fact son of informant and several accused persons, including the petitioner were celebrating a party and it appears that while returning on a bike they met with an accident and both of them sustained several injuries and due to which the deceased died and injuries of the petitioner have also been mentioned in paragraph-34 of the case diary. It has further been submitted that

Patna High Court CR. MISC. No.37068 of 2019(5) dt.20-09-2019 2/2 even the supervising authority has found the case true under Sections 279 and 304A IPC.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that investigation is still going on. In view of above facts and circumstances, let petitioner surrender within a period of two weeks from the receipt of this order in the court below and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 887 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in the investigation and appear before the police as and when required.

(Vinod Kumar Sinha, J) spal/- U T