Md. Mehdi Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67467 of 2022 Arising Out of PS. Case No.-56 Year-2019 Thana- KHIRHAR District- Madhubani ====================================================== MD. MEHDI HASSAN S/o Late Enayat Ali R/v- Khirhar, P.S.- Khirhar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the State :

Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Khirhar P.S. Case No. 56 of 2019, dated 07.08.2019, instituted for the offences under Sections- 406, 409, 420 and 34 of the I.P.C.

3. Learned APP opposes the prayer of anticipatory bail of the petitioner.

4. Taking into consideration that the co-accused Abdul Gaffar has already been granted the benefit of anticipatory bail by this Court and the case of the petitioner cannot be said to be dissimilar to that of Abdul Gaffar, I am inclined to grant anticipatory bail to the petitioner, namely Md. Mehdi Hassan and in the event of arrest, he shall be released on bail, subject to

Patna High Court CR. MISC. No.67467 of 2022(2) dt.26-04-2023 2/3 the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation, whenever required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present

Patna High Court CR. MISC. No.67467 of 2022(2) dt.26-04-2023 3/3 during the trial and cooperate with the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) K.C.Jha/- Item No. 62 U