Bhikhari Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4578 of 2021 Arising Out of PS. Case No.-210 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Bhikhari Khan Son of Serajul Khan Resident of Village-Birta Tola, P.S.- Dhaka, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 326, 307, 302, 34 of the Indian Penal Code. It is alleged that in the background of some scuffle took place between the parties, the husband of

Patna High Court CR. MISC. No.4578 of 2021(3) dt.08-12-2021 2/3 the informant has died.

It is submitted by learned counsel for the petitioner that petitioner was not named in the F.I.R and during investigation, the name of the petitioner sprang up. The specific accusation of stabbing the husband of the informant is against Sabir Khan. Moreover, similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.10.2019 passed in Cr. Misc. No. 64749 of 2019. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with

Patna High Court CR. MISC. No.4578 of 2021(3) dt.08-12-2021 3/3 Dhaka P.S. Case No. 210 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T