Ayub Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51395 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

AYUB KHAN Son of Daroga Khan Resident of Village - Bastpur, P.S.- Mirganj, Distt - Gopalganj.

2.

Irfan Khan Son of Lalu Khan Resident of Village - Bastpur, P.S.- Mirganj, Distt - Gopalganj.

3.

Jhunna Khan Son of Late Hamid Khan Resident of Village - Yadopipra, P.S.- Hathua, Distt - Gopalganj.

4.

Md. Firoz Alam @ Firoz Alam Khan @ Baccha Babu Son of Jainuddin Khan Resident of Village - Salame, P.S.- Raghunathpur, Distt - Siwan, presently residing at Yadopipra, P.S.- Hathua, Distt - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 506, 504/34 of the Indian Penal Code registered in connection with Mirganj P.S. Case No. 86/2019.

3. It is submitted that the petitioners have been falsely implicated in a dispute related to purchase of land by the parties. There is case and counter case between the parties. The accusations are general and omnibus and the injuries are simple in nature. Petitioners are accused in one prior case, also instituted at the behest of the informant.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.51395 of 2019(2) dt.19-08-2019 2/2 each with two sureties of like amount each to the satisfaction of learned ACJM XVI, Gopalganj, in connection with Mirganj P.S. Case No. 86/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T