High Court Patna High Court - Orders

Syed Parvez Akhtar &Amp; Ors vs The State Of Bihar on 25 June, 2010

Patna High Court – Orders
Syed Parvez Akhtar &Amp; Ors vs The State Of Bihar on 25 June, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.14154 of 2010
                      1. SYED PARVEZ AKHTAR
                      2. SYED TARIQUE AKHTAR
                      3. SYED JAMIL AKHTAR
                         ---------------------- PETITIONERS
                                                Versus
                                   THE STATE OF BIHAR
                                              -----------

3 25.6.2010 Heard learned counsel for the parties.

Learned counsel for the petitioners is

permitted to make necessary correction in cause

title of the main application.

The allegation is about giving job in

Air Force in lieu of Rs. One lac by the

informant which is doubted on the ground that a

case filed on behalf of sister of petitioner

nos.1 and 2 and daughter of petitioner no.3

against the informant and his other family

members for the offence under section 498A IPC

is pending in which they are witnesses.

According to learned counsel for the

petitioners, there could be no occasion to have

such negotiations on the other point, in my

view, if any payment is made for obtaining job

by illegal means by making payment of money that

comes within definition of bribe giver of which

is also accused, any statement given on his

behalf is nothing more than confession basing
2

which refusal of anticipatory bail never can be

justified.

Thus, having regard to the facts and

circumstances of the case, in the event of

arrest or surrender within one month from the

date of communication of this order, the above

named petitioners shall be released on bail on

furnishing bail bond of Rs. 10,000/-(ten

thousand) each with two sureties of the like

amount each to the satisfaction of Chief

Judicial Magistrate, Sheikhpura in Sheikhpura

P.S. Case No. 62/2008, subject to the condition

as laid down under section 438(2) Cr.P.C.

AI                                            ( Mandhata Singh, J.)