Bikky @ Viccy Khan @ Md. Khawaza Illiyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5876 of 2022 Arising Out of PS. Case No.-536 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Bikky @ Viccy Khan @ Md. Khawaza Illiyas Son of Md. Jawed Khan Resident Of Mohalla- Rikabganj, Police Station- Tatarpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abdul Wadood, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 536 of 2021 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 19.08.2021.

The allegation against the petitioner is to commit the murder of the husband of the informant, along with other coaccused persons, for previous enmity.

Patna High Court CR. MISC. No.5876 of 2022(3) dt.20-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case due to previous financial transactions. It is submitted that FIR itself speaks that it was the petitioner, who informed over phone to informant regarding occurrence. It is further submitted that as petitioner found involved in conversation with other co-accused person, he was implicated falsely in this case. While concluding the argument, it is specifically submitted that the mobile no., from which threat was advanced, is belong to one Md. Farid as surfaced during the course of investigation, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that informant is not the eye witness of the occurrence.

Considering the facts and circumstances as mentioned above, as informant is not the eye witness of the occurrence, where allegation is based upon suspicion coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kotwali (Barari) P.S. Case No. 536 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.5876 of 2022(3) dt.20-09-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T