Moon Khan @ Dakua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10803 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MOON KHAN @ DAKUA SON OF MUSO KHAN @ MD. MUSTAQUE KHAN R/O MOHALLA- BHIKAMPUR TANK LANE, P.S.- ISHAKCHAK, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 328, 307, 120B, 326/34 of the Indian Penal Code, Section 27 of the Arms Act and later on added Section 302 of the IPC.

As per prosecution case, the informant's elder son marriage ceremony was held at Hatia Chowk Marriage Hall and in the same Marriage Hall, there is another marriage ceremony was fixed and Barat had already reached there. In the meantime, the petitioner along with others came there and started bullet

Patna High Court CR. MISC. No.10803 of 2023(3) dt.28-06-2023 2/3 firing and fled away due to which Md. Meraj got injured and they have taken to the hospital. It is further alleged that during treatment he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. According to the informant's statement, which was recorded by I.O. in vide para-8, in which he stated five persons shot fired upon the deceased due to which, he died but from the perusal of the Postmortem report, only one gun-shot injury was found on the upper part of the abdomen, which does not corroborates the prosecution case. There is no specific overt act against the petitioner. He is languishing in judicial custody since 30.07.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 1st

Patna High Court CR. MISC. No.10803 of 2023(3) dt.28-06-2023 3/3 Class Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 141 of 2022.

(Sunil Kumar Panwar, J) arish/- U T