Arman Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.54761 of 2017 (2) dt.17-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54761 of 2017 Arising Out of PS.Case No. -257 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================

1. Arman Khan, S/o Mohammad Khan, resident of Village- Sheikhpur, P.S.- Basantpur, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 257 of 2017, registered for offences punishable under Sections 302/ 120(B) of the Indian Penal Code and Section 25(1-b)a/26/27 of the Arms Act and Section 3/4 of Explosive Substance Act.

Allegation against the petitioner and others is of committing murder of the son of informant.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, he has been named in this case after 17 days by a co-villager as a conspirator of murder of the son of informant and except that there no allegation against the petitioner. Further he has not been seen at the place of occurrence and there is no allegation against him of firing on the deceased. Petitioner has been in custody since 15.08.2017 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54761 of 2017 (2) dt.17-11-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, in connection with Basantpur P.S. Case No. 257 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T