Gulam Sarvar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51732 of 2018 Arising Out of PS. Case No.-377 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== Gulam Sarvar Khan S/o Late Mumtaz Ahmad Khan @ Mumtaz Khan , R/o Vill.- Sahdeo Khap, P.S.- Magadh University, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Civil Line P.S. Case No. 377 of 2017 registered for the offence punishable under Sections 216, 120B and 124A/34 of the Indian Penal Code and Section 13, 16, 18, 19, 20 and 38 of Unlawful Activities Act. Allegation against the petitioner is of being member of banned terrorist organization SIMMI and indulging into terrorist activities.

It has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Pathan Tausif Khan and Shahanshah @ Sanna Khan. Petitioner was neither arrested on the spot nor any incriminating article was recovered from his possession. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.51732 of 2018(5) dt.26-11-2018 2/2 14.09.2017.

Considering the nature of accusation, I am not inclined to enlarge the petitioner on bail at this stage. Hence the prayer for bail of the petitioner is hereby rejected. (S. Kumar, J) ranjan/- U