Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3405 of 2012 ====================================================== Phool Khan, S/o Mobin Khan, resident of Village-Ratan, P.S.- Gogari, Distt.- Khagaria…. .... .... Petitioner Versus The State Of Bihar….. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Shakil Ahmad Khan, Senior Advocate For the Opposite Party : Mr. Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 2 25-01-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under [STATUTE] besides Section 27 of the Arms Act. The prayer of the petitioner for bail had been rejected on three earlier occasions, i.e., vide order dated 06.10.2009 passed in Cr. Misc. No.21168 of 2009, again vide order dated 30.06.2010 passed in Cr. Misc. No.11532 of 2010 and lastly vide order dated 13.04.2011 passed in Cr. Misc. No.40905 of 2010. However, on that occasion, liberty was granted to the petitioner to renew his prayer of bail after nine months if the Patna High Court Cr.Misc. No.3405 of 2012 (2) dt.25-01- 2/32012 trial is not concluded within such period. Copy of the order- sheet has been appended by the petitioner showing the last order dated 20.12.2011 which has been passed by the court concerned issuing bailable warrant against the remaining witnesses who are yet to be examined meaning thereby, the trial has not been concluded. It has been submitted that the petitioner has been implicated in this case on the basis of self-incriminating confessional statement stating that the co-accused Pyare Khan is the assailant. In the protest petition filed by the informant, the allegation of causing the death of the deceased has been made upon the aforesaid Pyare Khan and allegation against the petitioner is that he was accompanying him at the time of occurrence. It is also contended that the petitioner is in custody since 11.1.2009 and even after expiry of more than three years, the trial has not been concluded as would appear from the order- sheet that bailable warrant has just been issued against prosecution witnesses. It has also been submitted on behalf of the petitioner that co-accused Mintu Khan has been granted bail by the order dated 6.10.2009 passed in Cr. Misc. No. 21441 of 2009. Learned A.P.P. for the State submits that on the basis of the confessional statement, the dead body of the deceased has been recovered from the place described by the petitioner. Patna High Court Cr.Misc. No.3405 of 2012 (2) dt.25-01- 3/32012 However, the petitioner also appears to have taken part in the crime. Having regard to the facts and the circumstances of the case and period of incarceration, the petitioner, Phool Khan, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Khagaria in connection with, Maheshkhut P.S. Case No.6/2009, G.R. No. 29/09, S.C. No. 117/2010 with a further condition that one of the bailors of the petitioner must be his father. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Sanjay-II/- (Dr. Ravi Ranjan, J.)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.