Danish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19638 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- PALASI District- Araria ====================================================== Danish Khan Son of Nasim Khan Resident of Village - Pareria, Khan Tola, Ward No. 13, P.S. - Sikty, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anamul Haque, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Palasi P.S. Case No. 10 of 2025 instituted for the offences under Section 309(6) of the B.N.S.

3. As per prosecution case, the accusation against the petitioner is of being involved in the loot of Rs. 59,195/-, mobile, tab and biomatric charger from the Informant 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 due to village politics and enmity. The petitioner is not named in

Patna High Court CR. MISC. No.19638 of 2025(2) dt.09-04-2025 2/3 the F.I.R. as the same has been lodged against the unknown. The petitioner has been made accused in this case on the basis of suspicion and was apprehended and his confessional statement was recorded by the police which has no evidentiary value in the eye of law. Except confessional statement of the petitioner, there is nothing against him in the entire record of the case. He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The recovered amount of Rs. 22,000/- from the house of the petitioner belongs to his father which was kept for the purpose of marriage of his daughter. There is no eye-witness to the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has confessed his guilt of being involved in the alleged offence. The police has also recovered looted article including cash from the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.19638 of 2025(2) dt.09-04-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail 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 Palasi P.S. Case No. 10 of 2025. (Rudra Prakash Mishra, J) rishi/- U T