Raja Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24601 of 2024 Arising Out of PS. Case No.-649 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Raja Khan Son of Md. Ismail Khan R/o Mohalla- Delahi Bankey Bazar, P.S.- Bankey Bazar, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Kotwali P.S Case No. 649 of 2023 registered for the offences punishable under Sections 380, 411 of the I.P.C.
3. As per prosecution case, one mobile has been recovered from the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not arrested on the spot. It is also submitted that petitioner is in judicial
Patna High Court CR. MISC. No.24601 of 2024(2) dt.05-04-2024 2/3 custody since 18.11.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Gaya in connection with Kotwali P.S Case No. 649 of 2023
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing
Patna High Court CR. MISC. No.24601 of 2024(2) dt.05-04-2024 3/3 of charge. Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial and in his absence on two consecutive dates without any cogent reason will be sufficient to cancel his bail bonds.
(Ramesh Chand Malviya, J) Mayank/- U T