Chhotu Khan @ Amjad Ali @ Ahmad Ali @ Amjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27802 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- KOTHI District- Gaya ====================================================== Chhotu Khan @ Amjad Ali @ Ahmad Ali @ Amjad Son of Fakhre Alam @ Fakre Alam Resident of Village - Kothi, P.S. - Kothi, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kothi P.S. Case No. 50/2023 lodged on 11.05.2023 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against two unknown accused persons alleging therein that all the accused persons looted cash amount of Rs.2,39,468/-, biometric scanner and mobile phones from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR nor anything has been recovered from his possession. The name of the petitioner has
Patna High Court CR. MISC. No.27802 of 2024(4) dt.19-07-2024 2/2 figured in this case on the basis of confessional statement of coaccused Saheb Khan from whose possession, looted articles were recovered. The petitioner has not been put on the Test Identification Parade. Learned counsel for the petitioner further submits that co-accused Zishan Khan has been granted bail vide order dated 06.12.2023 passed in Criminal Miscellaneous No. 64224/2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sherghati, Gaya, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T