Washim @ Wasim Khan @ Aliullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6842 of 2023 Arising Out of PS. Case No.-420 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Washim @ Wasim Khan @ Aliullah S/O Late Jamir Khan @ Jamir Ahmad Resident Of Village- Khalispur, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Siwan Mufassil (Dhanouti) P.S. Case No. 420 of 2018 registered under sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25(1-b)A/26/35 of Arms Act.

Prosecution case relates to recovery of one country made pistol, one live cartridge, one motorcycle and other articles from the possession of one co-accused person, namely, Bikash Yadav who apprehended on spot by the police. Further on interrogation, he disclosed the name of the

Patna High Court CR. MISC. No.6842 of 2023(2) dt.11-04-2023 2/3 petitioner who fled from the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came into light in the F.I.R. on the basis of confessional statement of other co-accused person, namely, Bikash Yadav before the police. It is further submitted that neither any stolen or seized article has been recovered from the possession of the petitioner nor he was arrested on spot. It is also submitted from para-9 of this petition that the petitioner has not been put on T.I.P. Moreover, he is languishing in judicial custody since 01.10.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siwan Mufassil (Dhanouti) P.S. Case No. 420 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.6842 of 2023(2) dt.11-04-2023 3/3 the learned Additional Sessions Judge-VIII, Siwan. (Sunil Kumar Panwar, J) shubham/- U T