Imteyaz Khan @ Sonu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38589 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Imteyaz Khan @ Sonu Son of Late Hafiz Khan

2. Naushad Khan Son of Late Hafiz Khan Both resident of village- Telari, P.S.- Neemchak Bathani, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners are named in the first information report but the informant is not an eye witness of the alleged occurrence and he expressed his suspicion against the petitioner on the ground of previous enmity. The impugned order goes to show that one of the neighbours of the informant, in course of investigation, disclosed that he has seen the petitioner fleeing from the place of occurrence at the relevant time but it is surprising enough that the aforesaid fact was not disclosed by the aforesaid witness to the informant before submitting written report.

Patna High Court Cr.Misc. No.38589 of 2016 (2) dt.17-09-2016 2/2 Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrat-X, Gaya in connection with Neemchak Bathani P.S.Case No. 65 of 2016.

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