Ayub Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44934 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Ayub Khan Son of Late Israil Khan Resident of Village- Bariya, P.S.- Uchkagaon, District- Gopalganj.

2.

Sakir Khan @ Pappu Khan @ Pappu Son of Nasir Khan Resident of VillageBariya, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan, Advocate Mr. Krishna Chandra, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Uchkagaon P.S. Case No. 200 of 2018, registered for the offences punishable under Section 302/120B of the Indian Penal Code.

It is alleged in the written report that on 21.07.2018, the accused persons including these petitioners caught hold Masoom Khan (deceased) and Tauhid Khan @ Laddu Khan gave knife blow on his chest, later on, he succumbed to the injury.

It is submitted by learned counsel appearing on behalf of petitioners that from perusal postmortem report it appears

Patna High Court CR. MISC. No.44934 of 2019(4) dt.16-10-2019 2/3 that one injury has been found on the chest of the deceased which was grievous. The aforesaid injury has been attributed to co-accused Tauhid Khan @ Laddu Khan. There is no specific allegation of any overt act against these petitioners. Similarly situated co-accused Aarif @ Guddu @ Guddu Khan has been granted bail by a coordinate Bench of this court vide order dated 30.05.2019 passed in Cr. Misc. No. 21398 of 2019. Petitioners are in custody since 03.05.2019 having clean antecedent. Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs.

10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Gopalganj in connection with Uchkagaon P.S. Case No. 200 of 2018, subject to the following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.44934 of 2019(4) dt.16-10-2019 3/3 (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T