Sohail Ahmad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39781 of 2017 Arising Out of PS.Case No. -40 Year- 2013 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Sohail Ahmad Khan, Son of Kamal Ahmad Khan, resident of VillageRatanpura, P.S.- Sherghati, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in Magadh Medical P.S. Case No. 40/2013, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the informant Md. Kamar Jawed Khan brother of the deceased has disclosed the name of six persons in the F.I.R. having hand in the murder of his brother mere on suspicion, but he did not disclose the name of the petitioner who is the co-villager. After two and half years of the occurrence the informant stated in his reinstatement that on the date of occurrence the petitioner was

Patna High Court Cr.Misc. No.39781 of 2017 (2) dt.14-09-2017 2/2 seen moving in the village, except there is nothing against the petitioner. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Gaya in connection with Magadh Medical P.S. Case No. 40/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Vinita/- U T