Sheraj Khan @ Seraj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73249 of 2018 Arising Out of PS. Case No.-491 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== Sheraj Khan @ Seraj Khan Son of Azad Khan Resident of Village-Naya Kila,Tarwan,Police Station-Siwan (Town),Distt.-Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Siwan Town P.S. Case No. 491 of 2018, disclosing offence under Sections 452, 307, 448 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that there is vague allegation against all the named accused persons of having assembled with fire arms and of opening fire. He submits that it is evident from the First Information Report itself that no injury was caused to anyone. He further submits that the petitioner has been implicated apparently for ulterior reasons.
Patna High Court Cr.Misc. No.73249 of 2018(2) dt.20-12-2018 2/2 Considering the above noted submissions and the statements made in paragraph 3 that the petitioner has no criminal antecedent, this application is allowed. The petitioner, above named, in the event of his arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 491 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/Ragini U T