Gulfam Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18633 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -KOTHIGRAM District- GAYA ====================================================== Gulfam Khan, S/o Late Jamal Khan, resident of village - Kothi, P.S. Kothi, District - Gaya.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Kothi P.S. Case No. 38 of 2016, registered under Section 302/34 and 120-B of the Indian Penal Code and Section 27 of Arms Act. The accusation is that on 03.10.2016 in the morning, the informant received information on telephone about committing of murder of Md. Qumuddin Ansari, Officer-inCharge of Kothi P.S. then informant and other Police officials reached at village Halimchak, where dead body of Md. Qumuddin Ansari, Officer-in-Charge of Kothi P.S. was found sustaining fire arm injury at forehead and chest. The villagers secretly disclosed that Sane Ali Kha and Saukat Ali Kha committed murder of Md. Qumuddin Ansari at that time Nasarat
Patna High Court Cr.Misc. No.18633 of 2017 (2) dt.05-05-2017 2/3 nephew of Sane Ali was present on road on motorcycle. Sane Khan used to reside at his Sasural at Kothi, where his brother-inlaw Laddan Kha, Sanu Kha, Gulfam (Petitioner), Akram Kha and others used to made ransom, but due to patrolling of Md. Qumuddin Ansari they felt disturbance.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not the assailant of the deceased. It has also come that this petitioner was one of the member of the company of the assailants having hand in other criminal cases. Further submission is that, in fact, petitioner is accused in six other cases and due to that reasons, the Police got managed to implicate the petitioner in the present case.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-VI, Gaya in connection with Kothi P.S. Case No. 38 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the
Patna High Court Cr.Misc. No.18633 of 2017 (2) dt.05-05-2017 3/3 course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J) manish/- U T