Munna Khan @ Md. Gyasudin Khan @ Gyasudin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81611 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Munna Khan @ Md. Gyasudin Khan @ Gyasudin Khan, aged about 60 years (Male), S/o Shamsuddin Khan R/o village- Basatpur, P.S.- Mirganj, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-12-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Mirganj P.S. Case No. 128 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R., during course of investigation, his name has come only on suspicion and he was falsely implicated in the case. It is further submitted that no case under Section 307 of the I.P.C. is made out against the petitioner. The petitioner has got clean antecedent and has falsely been implicated due to enmity with one Imteyaz Khan (nephew of the informant), against whom, petitioner has also lodged a case. Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.81611 of 2019(2) dt.11-12-2019 2/2 well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 128 of 2019 on the following conditions:

(1) Petitioner shall cooperate 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 on 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.) anay U T