Banti Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28537 of 2015 Arising Out of PS.Case No. -110 Year- 2011 Thana -KHAJEKALLAN District- PATNA ====================================================== Banti Khan, S/o Late Hasnain Khan, R/o Mohalla - Lodi Katra Banglapar, P.S. - Khajekala, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is that the named accused including the petitioner and two others shot fire at the husband of informant causing his death.

It is submitted that there is no specific allegation of overt act against the petitioner. In similar facts and circumstances, the co-accused have been granted bail vide Cr. Misc. No.39004/12 (Annexure-2) The learned counsel for the State submits that the petitioner appears to be absconder as the occurrence had taken place in the year 2011. However, after investigation, charge sheet

Patna High Court Cr.Misc. No.28537 of 2015 (2) dt.10-08-2015 2/2 has already been submitted and the petitioner has also criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna/court concerned in Khajekalan P.S. Case No.110/2011 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T