Patna High CourtCR. MISC./51514/2015allowed

Lallu Khan And ANR. v. The State Of Bihar

2016-01-25Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51514 of 2015 ======================================================

1. LALLU KHAN &

2. IMROZ KHAN, SONS OF NASEEM KHAN, RESIDENT OF VILLAGE KAITHI, POLICE STATION SHEOSAGAR, ROHTAS.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-01-2016 The petitioners apprehend arrest in a case under sections 341, 323, 307 and 34 of the Indian Penal Code. The informant stated that the two petitioners stopped him on the way for some talk. In the meantime, accused Wallu Khan @ Firoz Khan, Naushad Khan, and one unknown person reached at the place of occurrence. On order of petitioner Imroz Khan, accused Kallu Khan fired from his pistol which hit the informant in his chest.

Counsel for the State submits that one Sahadat Hussain stated that the petitioners also instigated other accused to kill the informant.

Counsel for the petitioners submits that the informant even in subsequent statement has not stated that the petitioners instigated any one to open fire.

Patna High Court Cr.Misc. No.51514 of 2015 (3) dt.25-01-2016 In the facts and circumstances of the case, in the event of arrest/surrender, let both the petitioners as named above be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sri Awinash Kumar, 1st class Judicial Magistrate, Rohtas in Sheosagar Police station Case No. 221 of 2015. Petitioners would report to the Police Station once every six weeks and would file an affidavit to the aforesaid effect in the court, till two witnesses are examined in the trial court, failing which their bail bond would be cancelled. (Samarendra Pratap Singh, J) Shashi.

U T