Sabir Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52596 of 2017 Arising Out of PS.Case No. -304 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sabir Khan,

2. Amir Khan Both above sons of Late Kalimullah Khan @ Bachchan Khan @ Kalamuddin Khan, Resident of Village- Natwar Semaria, Police StationRevelganj, District- Saran at Chapra, State- Bihar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Sri Anil Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420/406/467/468/471/120(B) of the Indian Penal Code.

It appears that similarly situated coaccused Talat Praveen who was also Director of NonFinancing Company has already been allowed anticipatory bail by a Coordinate Bench of this Court in Cr.Misc.No.40134 of 2016 vide Annexure-P-7 for the reason that other investors had also lodged Kesariya P.S.Case No. 83 of 2014 wherein the

Patna High Court Cr.Misc. No.52596 of 2017 (2) dt.09-11-2017 informant of this case was a witness and in those cases the petitioners were allowed regular bail.

Submission of the learned counsel for the petitioners is that for same cause the petitioners should not be harassed at the hands of different investors. Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kesariya P.S.Case No. 304 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T