Zafarullah Khan @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55803 of 2017 Arising Out of PS.Case No. -27 Year- 2005 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Zafarullah Khan @ Guddu, S/o Zyaullah Khan, R/o MohallaChittikodi, Lodi Katra, P.S.-Khajekalan, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Khajekalan P.S. Case No.27 of 2005 instituted for the offence under Section(s) 307, 324/34 Indian Penal Code, Section 3⁄4 of the Explosive Substance Act and Section 27 of the Arms Act. Petitioner is not named in the First Information Report. It has been mentioned in para 3 that the petitioner has clean antecedents.

Case diary has been received. Learned APP after perusing the case diary has stated that mere suspicion has been raised against the petitioner.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.55803 of 2017 (5) dt.19-02-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khajekalan P.S. Case No.27 of 2005, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T