Julkar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58054 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -AMDABAD District- KATIHAR ======================================================

1. Julkar, null

2. Fulkar @ Julka

3. Zarul @ Jarul, All Sons of Late Mangan Khan @ Magan Khan, resident of Village- Bairiya, Police Station- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Amdabad P.S. Case No. 97 of 2017 instituted for the offence under Sections-302/34 of the Indian Penal Code.

It has been submitted that there is general and omnibus allegation against these petitioners that they are members of the mob. In the written report, there is specific allegation against coaccused Barun Khan of firing from pistol on the chest of husband of the informant on account of which, he died. It has been submitted that coaccused Sintu with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 20-09-2017 passed in Cr. Misc. No. 43010 of 2017.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.58054 of 2017 (2) dt.18-12-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Amdabad P.S. Case No. 97 of 2017 to the satisfaction of Sri D. Singh, learned Judicial Magistrate-Ist Class, Katihar subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T