Imran Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52925 of 2016 Arising Out of PS.Case No. -313 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Imran Khan son of Md. Idrish Mian, resident of village- Stuarganj, P.S.- Mohania District Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikram Deo Singh, Advocate Mr. Pawan Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mohania P. S. Case No. 313 of 2015 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 19.05.2016 passed in Cr. Misc. No. 21592 of 2016.

It is submitted by the learned counsel for the petitioner that subsequent to the aforesaid order dated 19.05.2016, another co-accused Arvind Kumar Gond moved for bail before this Court and his application was allowed vide

Patna High Court Cr.Misc. No.52925 of 2016 (3) dt.15-02-2017 2/2 order dated 05.09.2016 passed in Cr. Misc. No. 27347 of 2016 by a co-ordinate Bench.

It is contended that the case of the petitioner stands on better footing to that of co-accused Arvind Kumar Gond. Mr. Jharkhandi Upadhyay, learned counsel for the State has opposed the application for grant of bail of the petitioner. However, after examining the case-diary summoned in this case, he conceded that the case of the petitioner stands on identical footing to that of co-accused Arvind Kumar Gond who has been granted bail by a co-ordinate Bench of this Court. In that view of the matter, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge V, Kaimur at Bhabua in connection with S. Tr. No. 208 of 2016, arising out of Mohania P. S. Case No. 313 of 2015. (Ashwani Kumar Singh, J.) Kanchan/- U T