Aahil Khan @ Raju Khan @ Akhil Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22535 of 2022 Arising Out of PS. Case No.-756 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== AAHIL KHAN @ RAJU KHAN @ AKHIL KHAN S/o Md. Sultan Ali Khan @ Sultan Khan Resident of Mohalla- Shahjalalpir, P.S.- Sasaram (Town), District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 25 (1-b)a, 26, 27 & 35 of the Arms Act.
The allegation against this petitioner is that he in association of other co-accused is said to have caught hold the
Patna High Court CR. MISC. No.22535 of 2022(2) dt.24-08-2022 2/3 deceased and also assaulted him, while Lallu Goswami @ Abhishek Goswami resorted firing from his pistol which to Nagendra Kumar Chandrawanshi and he died.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the basis of suspicion and enmity. The petitioner has been falsely implicated in this false case with an allegation of catching hold the deceased which is impossible acts in a case of firing. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of resorting firing and hitting the deceased is on co-accused, Lallu Goswami @ Abhishek Goswami. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sasaram (Town) P.S. Case No.
Patna High Court CR. MISC. No.22535 of 2022(2) dt.24-08-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T