Irfan Khan @ Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39263 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Irfan Khan @ Md. Irfan S/o Md. Rajjak, R/o Vill.- Hasanpur Bazar, Ward No. 4, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Rosera P.S. Case No. 272/2017, instituted for the offence punishable under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is not named in the written report. His name has transpired in the confessional statement of co-accused Abhishek Kumar Yadav. The petitioner has clean antecedent. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rosera P.S. Case No. 272/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.39263 of 2018 (3) dt.02-08-2018 2/2 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Rosera at Samastipur, subject to the conditions as laid down under Section 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) petitioner 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 petitioner and (3) if petitioner 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 petitioner. (Sanjay Priya, J.) Rakhi U T