Ayub Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13537 of 2016 Arising Out of PS.Case No. -58 Year- 2014 Thana -MADANPURA District- AURANGABAD ====================================================== Ayub Khan S/O Babu Khan R/O 180, Jawahar Marg, District- Ujjain, M.P. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-04-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 461, 379, 414/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is not named in the F.I.R. vide Annexure-1, as an accused, though some other persons have been named therein as accused and also taking into consideration the fact that involvement of the petitioner has transpired only on the ground that driver of the truck of the petitioner is said to be involved in that crime and further taking into consideration the fact that the petitioner is first offender, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.

In the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad,

Patna High Court Cr.Misc. No.13537 of 2016 (2) dt.12-04-2016 2/2 in connection with Madanpur P.S.Case No. 58 of 2014 dated 2.4.2014, subject to the conditions laid down under Section 438(2) Cr.P.C and subject to the further conditions that: (A). One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the Court below showing his relationship with the petitioner, (B). if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned and (C).

the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.