Md. Faizan Khan @ Md. Fouzan Khan @ Md. Fejan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11370 of 2025 Arising Out of PS. Case No.-162 Year-2024 Thana- BHAWANIPUR District- Purnia ====================================================== Md. Faizan Khan @ Md. Fouzan Khan @ Md. Fejan Khan, Male, aged 24 years, S/o Md. Anjam Khan, R/o Mogalpura, Hussinabad, ward no. 4, P.s.- Babar Gunj, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Section 309(6) of the BNS, 2023.
3. The prosecution case, in short, is that on the date of occurrence, when the informant was returning home, in the meantime, at about 6.15 pm three persons came on the black coloured Super Splendor motorcycle and hit the motorcycle of the informant due to which, he fell down with his motorcycle and one persons started beating him with three not pistol and snatched his bag carrying Rs.15,000/- cash, thumb impression machine, one mobile phone etc and fled away with the motorcycle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11370 of 2025(3) dt.13-05-2025 2/2 petitioner has falsely been implicated in this case. He next submits that the stolen mobile phone is said to be recovered from co-accused Mustafa while the looted motorcycle has been recovered on the indication of co-accused Salman and Imroz Sheikh as stated in para-7 of the petition. He next submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 4094 of 2025. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 27.09.2024.
5. Learned APP for the State opposes the prayer for regular bail of the petitioner.
6. In view of the aforesaid facts and circumstances as well as the fact that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 4094 of 2025, so let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Bhawanipur P.S. Case No. 162 of 2024.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T