IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17184 of 2011
1. Anwar Khan
2. Sarwar Khan
Both sons of Late Rajju Khan
Versus
The State of Bihar
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3/ 10.08.2011 Heard learned counsel for the parties.
The petitioners are accused in a case under Sections
147, 148, 149, 302 of the Indian Penal Code and Section 27 of the
Arms Act.
The prayer for bail of the petitioners was earlier
rejected on 06.07.2010 with the condition that they may renew their
prayer for bail after 8 months.
The informant alleged that Anwar Khan covered her
husband and thereafter rest of the accused persons opened fire. As a
consequence of which her husband died.
Learned counsel for the petitioners submits that there is
no allegation of opening firing against the petitioners. He submits
that one Rudin Khan was arrested on the spot has been granted bail.
He submits that the petitioners were not caught on the spot rather
they were surrendered. The petitioners are in custody since
10.11.2009.
In the circumstances, petitioners, named above, are
directed to be released on bail on furnishing bail bond of Rs.
5,000/- (Five thousand) each with two sureties of the like amount
each to the satisfaction of Additional Sessions Judge, Fast Track
Court No.-IV, Gaya in connection with Atri P.S. case no. 05 of
2000 (S.T. No. 169 of 2010), with the condition that they will not
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physically absent for two consecutive dates at stretch till five
witnesses are examined.
(Samarendra Pratap Singh, J.)
Uday/