Mehboob Khan @ Kaifi Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11355 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Mehboob Khan @ Kaifi Khan Son of Md. Sarfuddin Khan @ Sarfuddin Khan Resident of village- Sauria Hazi Tola, Ward No.- 6, P.S.- Dandkhora, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Musowir, Advocate For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard Mr. Md Musowir, learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State. 2.

The petitioner seeks bail in connection with Mufassil P.S. Case No. 222 of 2024 instituted for the offences under Section 309(4) of the B.N.S.

3.

As per prosecution case, on 19.09.2024, when the Informant along with his sister was going to Hasanganj, four motorcycle-borne miscreants stopped them on the way and took away the key of the bike, purse and mobile on the point of gun. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on the basis of suspicion. The petitioner has not committed

Patna High Court CR. MISC. No.11355 of 2025(3) dt.25-04-2025 2/3 any offence as alleged in the F.I.R. The petitioner is not named in the F.I.R. as the same was instituted against unknown persons. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely, Md. Kurban and the same has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. Except suspicion, there is nothing adverse against the petitioner in the entire record of the case. The petitioner has confessed his guilt before the police of being involved in the alleged offence which has no eventiary value in the eye of law. No T.I.P. has been held in this case. The petitioner has three criminal antecedents and is languishing in judicial custody since 05.10.2024 without any rhymes or reason. Charge-sheet has been submitted in this case. Co-accused, Md. Kurban, has been enlarged on bail by this Court vide order dated 04-03-2025, passed in Cr. Misc. No. 12255 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has also confessed his guilt in his confessional statement of his being involved in the alleged offence. The offence alleged against the petitioner is serious in nature and,

Patna High Court CR. MISC. No.11355 of 2025(3) dt.25-04-2025 3/3 hence, he does not deserve bail.

6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mufassil P.S. Case No. 222 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) Raj Kishore/- U T