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Patna High Court - Orders

Dabbu Khan & Anr vs The State Of Bihar on 7 March, 2018

Author: Sanjay Priya

Bench: Sanjay Priya

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.10789 of 2018
                    Arising Out of PS. Case No.-357 Year-2017 Thana- BIKRAMGANJ District- Rohtas
               ======================================================
            1. Dabbu Khan,
            2. Kallu Khan Both are Sons of Patel Khan @ Sadik Khan, R/o
               vill.- Ghosiya Kala , P.S.- Bikramganj, Distt.- Rohtas
                                                            ... Petitioners
                                              Versus
               The State of Bihar                           ... Opposite Party
               ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Ashok Kumar Pandey, Adv.
                 For the Opposite Party :        Mr. Jai Narain Thakur, APP 184
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                                       ORAL ORDER

2   07-03-2018

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 357 of 2017 instituted for the offence under Sections 147, 149, 341, 323, 504, 307, 427, 353, 332, 225 and 511 of the Indian Penal Code.

It is alleged in the written report that police apprehended one Arshad Khan, on the confidential information, along with pouch of country made liquor. Thereafter, 35-40 persons arrived and attempted to rescue the aforesaid Arshad Khan from the confinement of the police. The petitioners are also named as members of the aforesaid mob.

In the facts and circumstances of the case, prayer Patna High Court Cr.Misc. No.10789 of 2018(2) dt.07-03-2018 2/2 of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bikramganj P.S. Case No. 357 of 2017 they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bikramganj, Rohtas, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) Shamshad/-

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