Laden Khan @ Mahemunir Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4962 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== Laden Khan @ Mahemunir Khan S/O FAROG AHMAD JAMI @ GORE VILLAGE- BARHIKHAP, PS. IMAMGANJ, DIST. GAYA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N A Shamsi, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Imamganj P.S. Case No.83/2023 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 307, 379, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 18 years. It is next submitted that in the nature of allegation if the petitioner is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals which will further restrict his prospects. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the
Patna High Court CR. MISC. No.4962 of 2024(2) dt.21-02-2024 2/3 informant initially alleges that all the five accused persons assaulted him but in the later portion alleges that this petitioner also assaulted him on his head by a butt of a gun. It is also submitted that from scan report of the brain, it manifests that the report was normal. It is further submitted that petitioner undertakes to co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Shivam, learned J.M. 1st Class, Sherghati (Gaya) in connection with Imamganj P.S. Case No.83/2023 (G.R. No.3105/2023), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the
Patna High Court CR. MISC. No.4962 of 2024(2) dt.21-02-2024 3/3 investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) amit/- U T