Babar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41494 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Babar Khan son of late Jalil Khan Resident of Village -manan Bigha, P.s Barachatti,district Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42990 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. AMIT @ KAPIL SHARMA @ AMIT KUMAR Son of Dharamdeo Sharma, resident of MOhalla - Sherghati, Dulhin Mandir, P.S. - Sherghati, District - Gaya.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41494 of 2015) For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Md.Ansarul Haque(App) (In Cr.Misc. No.42990 of 2015) For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2015 Both the above-said petitions arise out of Barachatti P.S. Case No. 145 of 2015 registered under Sections-170, 255, 420, 467, 468, 120B, 379 of the Indian Penal Code and accordingly, both the above-said petitions are being heard and disposed of by this common order.

Patna High Court Cr.Misc. No.41494 of 2015 (2) dt.16-09-2015 2/2 Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State. According to prosecution case itself, petitioner in Cr. Misc. No. 42990 of 2015 was caught at the spot whereas; name of the petitioner in Cr. Misc. No. 41494 of 2015 was disclosed by the persons, who were apprehended by the police on the place of occurrence.

Admittedly, the alleged recovery was made from a petrol pump and not from the conscious possession of the petitioners. Moreover, having more or less similar allegation, one co-accused namely, Rinku Singh @ Rinku Khan has already been granted privilege of bail by a coordinate bench of this court. 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 Barachatti P.S. Case No. 145 of 2015 to the satisfaction of Sri Narendra Pal Singh, Judicial Magistrate-Ist Class, Barachatti, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T