Yasir Arafat @ Yasir Arfat @ Khalid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12831 of 2015 Arising Out of PS.Case No. -463 Year- 2011 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Yasir Arafat @ Yasir Arfat @ Khalid S/o Late Saklain Hussain Resident of Mohalla: Kishun Bagh , P.S.: Bettiah Town District- West champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Sessions Trial No. 434 of 2012 arising out of Bettiah Town P.S. Case No. 463 of 2011 registered under Sections 302,120B/34 of the I.P.C. and section 27 of the Arms Act.
Learned counsel appearing on behalf of the petitioner submits that earlier prayer of the petitioner was refused taking into consideration the facts and nature of the allegation on 20.02.2014 vide Cr. Misc. No. 21920 of 2013 by this Court, while the informant is not the eye witness of the occurrence, but the witnesses, Gajla Pravin and Amir Arafat in paragraph nos. 29 and
Patna High Court Cr.Misc. No.12831 of 2015 (2) dt.15-04-2015 2/2 30 of the case diary had stated that the petitioner was seen just after the occurrence with pistol where the deceased was lying pool with blood. The Gajala Pravina and Amir Arafat have been examined as P.W.1 and P.W.2 but have not supported the prosecution case, which would appear from the Annexure 3 series of the application. It is also submitted that petitioner is in custody since 09.01.2012.
Having regard to the facts and the circumstances of the case, the petitioner above named, are 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 Ad hoc A.D.J. IIIrd, West Champaran at Bettiah arising out of Sessions Trial No. 434 of 2012 in connection with Bettiah Town P.S. Case No. 463 of 2011.
(Rajendra Kumar Mishra, J.) Shail/- U T