Patna High CourtCR. MISC./29669/2015bail granted

Soni Khan @ Moni Khan v. The State Of Bihar

2015-10-16Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29669 of 2015 (4) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29669 of 2015 Arising Out of PS.Case No. -65 Year- 2011 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Soni Khan @ Moni Khan, Son of late Sabir Khan, resident of VillageDariyapur, P.S. Sangrampur, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kuar For the Opposite Party : Mr. Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 31.12.2012 in a case instituted under Sections 364, 120(B), 302 and 201 of the Indian Penal Code.

As per allegation, it is a case of kidnapping and thereafter murder of informant's son, namely, Salman Khan by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.12.2012. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner has been made accused merely on the basis

Patna High Court Cr.Misc. No.29669 of 2015 (4) dt.16-10-2015 of suspicion. There is no circumstantial evidence to suggest his implication in the present case. It is further submitted that the petitioner has remained in custody for about three years. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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-XI, East Champaran, Motihari in connection with Sessions Trial No.680 of 2013 arising out of Sangrampur P.S.Case No.65 of 2011.

(Sudhir Singh, J) B.Kr./- U T