Atiullah @ Sudan @ Ataullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80059 of 2019 Arising Out of PS. Case No.-306 Year-2013 Thana- CHOUTARWA District- West Champaran ====================================================== Atiullah @ Sudan @ Ataullah Son of Sanaullah Resident of Village- Raibari Mahuawa, P.S- Chautarwa, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ehteshamuddin For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 302/120(B) of the I.P.C. and section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that the present case is false and fabricated and petitioner has falsely been implicated in this case. It has further been submitted that after investigation the police has submitted final report against the petitioner, however, during course of trial, petitioner has been summoned under section 319 of Cr.P.C, vide order dated 20.09.2019, for appearance of the petitioner. It has further been submitted that petitioner is posted as Head Master in Government Primary School, Ajmal Nagar (West Champaran)

Patna High Court CR. MISC. No.80059 of 2019(3) dt.24-02-2020 2/2 since 2003.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Bagha (West Champaran) in connection with Chautarwa P.S. Case No. 306 of 2013, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T