Naved Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.6240 of 2016 (3) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6240 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -GURUA District- GAYA ======================================================

1. Naved Khan Son of Abdul Wahid Khan Resident of Village- Jai Bigha, P.s Gurua, District Gaya..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tabish Sharfuddin For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Gurua P.S. Case No. 222 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The petitioner is named in the first information report on the allegation that earlier the petitioner and co-accused have caused threat to kill Manoj Paswan and thereafter, Manoj Paswan, the son of the informant, was found killed.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, there is no eye witness of the occurrence. Investigation has already been completed and chargesheet has been submitted and as such there is no chance of tampering with prosecution evidence. The petitioner is in custody since 11.12.2015 having no criminal antecedent.

Patna High Court Cr.Misc. No.6240 of 2016 (3) dt.06-04-2016 Learned APP fairly submits that there is no eye witness of the occurrence.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Gorakh Nath Dubey, J. M. Ist Class, Sherghatty, Gaya in connection with Gurua P.S. Case No. 222 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T