Amirul Khan @ Amirul Hasan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79701 of 2018 Arising Out of PS. Case No.-755 Year-2018 Thana- KATIHAR DistrictKatihar ====================================================== Amirul Khan @ Amirul Hasan Khan S/o Late Kurban Khan, R/O - Hardayal, Mangal Bazar , P.S. - Katihar Town, Distt- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 120B of the Indian Penal Code registered in connection with Katihar Town P.S. Case No. 755 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the introducer between the purchaser and seller and signed the agreement as witness, except which there is no other material to connect the material with the alleged occurrence. The petitioner has not received any part of the consideration. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.79701 of 2018(2) dt.25-01-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 755 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T