Tota Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72604 of 2018 Arising Out of PS. Case No.-214 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Tota Khan Son of Gayasudhin Khan, resident of Village- Sarimpur, P.S.- Buxar (Ind), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Buxar (M) P.S. Case No. 214 of 2017 registered for the offence punishable under Section 302/307/34 of the IPC and Section 27 of the Arms Act. Earlier the bail application of the petitioner was rejected vide order dated 16.08.2018 in Criminal Miscellaneous No. 40503 of 2018.

It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Ritesh Yadav. Similarly, situated co-accused person Vivekanand Yadav @ Chhotu Yadav has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 18.08.2018 in Criminal Miscellaneous No. 46164 of 2018. It has been further submitted that petitioner

Patna High Court Cr.Misc. No.72604 of 2018(2) dt.12-12-2018 2/2 is in custody since 04.06.2018.

Considering aforesaid facts and circumstances of the case and the fact that the petitioner has remained in custody for more than six months, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar in connection with Buxar (M) P.S. Case No. 214 of 2017 (S.Tr. No. 236 of 2018), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) ranjan/- U