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Patna High CourtCR. MISC./81238/2019bail granted

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

2020-07-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81238 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MD. SHAHRUKH @ MD. SHAHRUKH KHAN, aged about 24 years, Male, Son of Md. Mois Khan, Resident of Village - Tahwalpur, P.S. - Lodipur, District - Bhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar Prasad, Adv.

For the Opposite Party :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Ishakchak P.S. Case No. 226 of 2018 (G.R. No. 6174 of 2018), registered under Sections 427, 506 and 34 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that informant, Md. Sikandar Ali, when reached at about 10.00 a.m. on 12.11.2018 at his dairy farm situated at Brahpura, Uttar Tola, from house, then, saw that the banner hanged at the dairy farm was torn at several places. When he entered in the dairy farm and visualize the close circuit television camera then came to know that at about 12.24 a.m., Pappu Sah @ Pappu Sonar, Rohit Sah, Harsh @ Babban and Sonu Ram, along with two unknown persons, having fire arm, tried to peep in the dairy farm. At that time, Pappu Sah tried to damaged the banner of farm. Before some day, Pappu Sah had given threatening in the Court for compromising the case, which

Patna High Court CR. MISC. No.81238 of 2019(7) dt.08-07-2020 2/2 is going-on in between him and Md. Shahrukh (petitioner). Submission is that the petitioner is accused in four cases, as detailed in paragraph 3 of the bail petition and paragraph 4 of the supplementary affidavit and the aforesaid cases have been managed to lodge by the informant either through his brother or his manager.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ishakchak P.S. Case No. 226 of 2018 (G.R. No. 6174 of 2018) shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Mishra-cumAdditional Chief Judicial Magistrate, XI, Bhagalpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T