Amerul Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34382 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Amerul Khan, S/o Late Abdul Mazid Khan, resident of Village- Tadwa, P.S- Siwan Muffasil, Distt- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhilesh Kumar, Advocate For the State : Mr. Abhay Kumar No. 1, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 17-09-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Sections 341, 323, 504 and 307/34 of the Indian Penal Code.

It is urged on behalf of the petitioner that as per the allegation the first assault has been made by Daroga Khan upon the informant whereas, thereafter, there is general and omnibus allegation against the petitioner and other co-accused, Rauki and Prince of also assaulting by danda and farsa. It is further contended that there is case and counter case and injuries are on the both sides. It is informed that Isharul Haque @ Ijharul Haque @ Daroga Khan has already been granted anticipatory bail by a

Patna High Court Cr.Misc. No.34382 of 2016 (2) dt.17-09-2016 2 / 3 co-ordinate Bench of this Court vide order dated 05.05.2016 passed in Criminal Miscellaneous No.50589 of 2015. Learned A.P.P. has submitted that the petitioner is having criminal antecedent as he is involved in three cases which has been stated in paragraph no.3 itself.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Siwan Muffasil (Mahadewa) P.S. Case No. 210/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his / her relationship with the petitioner.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Siwan within fifteen days of his release with a copy of this order and every two weeks thereafter for the

Patna High Court Cr.Misc. No.34382 of 2016 (2) dt.17-09-2016 3 / 3 next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Sanjay-II/- U T