Sohail Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5241 of 2016 Arising Out of PS.Case No. -444 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Sohail Khan son of Shamsul Khan,

2. Sadam Khan @ Saddam Hussain son of Jabbar Khan, both resident of Village Darwa, P.S- Mohania, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Although petitioner No. 1 is said to have been caught on the spot just after the alleged occurrence but nothing was recovered from his conscious possession and so far as petitioner No. 2 is concerned; his name was disclosed by petitioner No. 1 and, thereafter, one mobile phone was recovered from the house of petitioner No. 2.

Submission on behalf of the petitioner No. 2 is that the seized mobile belongs to petitioner No. 2 and moreover, the aforesaid mobile has not been put on test identification parade. Both the petitioners do not have any criminal antecedent and are languishing in jail custody since 13-11-2015.

Patna High Court Cr.Misc. No.5241 of 2016 (2) dt.12-02-2016 2/2 Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Mohania P.S. Case No. 444 of 2015 to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua. (Hemant Kumar Srivastava, J) A.K.V./- U T