Moin Khan @ Moim Khan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18568 of 2016 Arising Out of PS.Case No. -17 Year- 2010 Thana -HATHUA District- GOPALGANJ ======================================================

1. MOIN KHAN @ MOIM KHAN

2. Manjoor Khan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

It would appear from perusal of the impugned order that one witness was examined by prosecution on 05.03.2016 and petitioners were represented under Section 317(2) of the Cr. P.C. but no one appeared on behalf of them for cross-examination resulting cancellation of their bail bonds. Subsequently, on the very next date they surrendered before the court below. Learned counsel for the petitioners submits that charge against the petitioners were framed in the year 2012 and for near about four years they continuously attended the court and only one date they were represented under Section 317(2) of the Cr. P. C. but unfortunately their learned counsel could not turn up as a result whereof their bail bonds were cancelled.

Patna High Court Cr.Misc. No.18568 of 2016 (2) dt.02-05-2016 2/2 Considering the facts aforesaid and submission of the parties, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/ - (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Gopalganj in connection with Trial No. 42/11 /CIS No. 1181/13 arising out of Hathua P.S. case No.17 of 2010.

(Hemant Kumar Srivastava, J) BKS/- U T