Jawed Khan @ Md. Jawed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51762 of 2019 Arising Out of PS. Case No.-76 Year-2009 Thana- GURUA District- Gaya ====================================================== 1.

JAWED KHAN @ MD. JAWED Son of Bahid Khan Resident of Village - Jai Bigha, P.S.- Gurua, District- Gaya 2.

Arshad Khan @ Bahut Khan Son of Abdul Wadud Khan Resident of Village - Jai Bigha, P.S.- Gurua, District- Gaya 3.

Nawed Khan @ Nabed Usmani Son of Bahid Khan Resident of Village - Jai Bigha, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Gurua P.S. Case No. 76 of 2019, disclosing offences under Sections 147, 148, 341, 342, 325, 379 and 307 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the police have completed the investigation and submitted the final form, whereby the co-accused Dhora Khan and Sole Khan have been sent up for trial and these petitioners have been found to be innocent. The court below, however, differing with the police report, has summoned these petitioners also, because of

Patna High Court CR. MISC. No.51762 of 2019(2) dt.20-08-2019 2/2 which they apprehend their arrest.

Considering the submission that the investigation is already over and the police have found these petitioners to be innocent, in the absence of evidence, this application is allowed. Let the petitioners above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati (Gaya) in connection with Gurua P.S. Case No. 76 of 2009, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T