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Patna High CourtCR. MISC./14427/2023bail granted

Kadhir Khan @ Kadir Khan @ Md. Kadir Khan v. The State Of Bihar

2023-05-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14427 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== KADHIR KHAN @ KADIR KHAN @ MD. KADIR KHAN Son of Late Najeer Ahmad Khan R/V- Raksa, P.O and P.S- Dildar Nagar, Dist- Gajipur UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyaranjan Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Gaya Rail P.S. Case No. 379 of 2022, registered for the offences punishable under Sections 394, 395, 379 and 412 of the Indian Penal Code.

As per allegation, train passengers were looted at the hands of the miscreants at the point of pistol. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and there is nothing against him in the entire case dairy. No incriminating article has been recovered from his possession and co-accused persons on similar footing have been granted bail in Cr. Misc.

Patna High Court CR. MISC. No.14427 of 2023(2) dt.19-05-2023 2/2 No 16040 of 2023 and Cr. Misc. No 9667 of 2023. Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of incarceration i.e 25.09.2022, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 379 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T