Md. Habib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21754 of 2018 Arising Out of PS.Case No. -61 Year- 2008 Thana -JOGBANI District- ARRARIA ======================================================

1. Md. Habib S/o Chhotkan Miyan resident of Village - Jhokren, P.S. Jagbani, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Jogbani P.S. Case No. 61 of 2008 (G.R. No. 1024/2008) registered for offences punishable under Sections 302/34 of the Indian Penal Code and 27of the Arms Act.

The allegation against the petitioner is of indiscriminate firing on the son of the informant, causing his death. It has been submitted by the learned counsel for the petitioner that the petitioner is not named in the F.I. R. but later on, the name of the petitioner transpired in the course of investigation. It is also submitted that the allegation against the petitioner is baseless and he has no criminal antecedent.

Patna High Court Cr.Misc. No.21754 of 2018 (3) dt.20-06-2018 2/2 Learned Additional Public Prosecutor opposes the prayer of bail.

In the facts and circumstances of the case, and taking into consideration that the case is of the year 2008 and in such view of the mtter, the prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Jogbani P.S. Case No. 61 of 2008 (G.R. No. 1024/2008) to the satisfaction of learned Magistrate, Begusarai, subject to the conditions laid down under Section 438

(2) Cr.P.C. with other conditions that bailors should be local having sufficient immovable property within the jurisdiction of Court concerned and petitioner shall co-operate in the investigation and shall be present before police as and when required, otherwise, prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T