Gurfan Khan @ Gufran Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7772 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Gurfan Khan @ Gufran Khan Son Of Late Sadik Khan Vill- Dumari Ps -Durgawati Dist -Kaimur At Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kr. Choudhary with Ms. Priyanka Kumari, Mr. Rakesh Tiway and Mr. Kulanand Jha, Advocates For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the brother of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Informant is not the eye-witness of the alleged occurrence. Only on the basis of suspicion and case of

Patna High Court CR. MISC. No.7772 of 2024(2) dt.20-02-2024 2/2 last seen, the name of the petitioner has been dragged in the present case. There is no substantial or circumstantial evidence against the petitioner. Petitioner was only the member of mob. During investigation, no consistent material has come agaisnt the petitioner to show his involvement in the present case. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 15.12.2023 passed in Cr. Misc. No. 61710 of 2023. He is languishing in judicial custody since 28.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 154 of 2023. (Sunil Kumar Panwar, J) Arish/- U T