Raju Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.9021 of 2017 (4) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9021 of 2017 Arising Out of PS.Case No. -72 Year- 2014 Thana -KIHIRI MORE District- PATNA ======================================================

1. Raju Khan, son of Late Shamsher Khan, resident of Village- Jamharu, P.S.- Khirimore, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 26.04.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court taking note of his criminal antecedent as well as allegation levelled against him but in course of trial, near about five prosecution witnesses including the informant of the present case were examined by the trial court but the informant as well as some other witnesses did not name the petitioner and above all the informant failed to identify the petitioner in dock at the time of trial.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, Judicial Magistrate, I st Class, Patna in Khirimore P.S. Case no. 72/2014. shahid (Hemant Kumar Srivastava,J) U T