Shahid Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24737 of 2025 Arising Out of PS. Case No.-341 Year-2023 Thana- AMAS District- Gaya ====================================================== Shahid Khan S/o Nasruddin Khan R/o Village- Karmauni, P.S.- Dobhi, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Amas P.S. Case No. 341 of 2023 dated 27.09.2023 registered for the offences punishable under Sections 302, 120B of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, on 27.09.2023 at about 9.30 A.M., the informant, his father and brother were getting their hair cut in the saloon of Karu. In the meantime, three persons came on two motorcycles and called the father of the informant after parking their motorcycles by the side of G.T.
2/4 Road. The informant also came out from the saloon and saw that the said three persons were threatening to his father and said to compromise with Marandi Jee, Manoj Yadav and Shashi Singh otherwise he would be killed. When his father refused then they started abusing him and one of them tried to obtain signature of his father but he refused to put his signature and started returning. In the meantime, one of them opened fire on the back of the informant's father, as a result of which, he fell down, thereafter, others also fired on the head and his father died on the spot. The informant and other persons ran towards the culprits but they succeeded to flee away on one motorcycle and they left one motorcycle at the place of occurrence. The informant believed that due to land dispute, Binod Kumar @ Marandi, Manoj Yadav, Praveen Kumar Yadav, Shashi Singh, Shashi Bhushan, Rashid Kalal and Pramod Kumar Mishra in conspiracy to each other committed murder of his father.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused Arman Khan @ Armanullah Khan @ Fotu Khan and the said co-accused Arman Khan @
3/4 Armanullah Khan @ Fotu Khan. Nothing has been recovered either from the possession of the petitioner or from his house. The petitioner has seven criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.12.2024. The co-accused person has already been granted regular bail by this Court vide order dated 19.09.2024 passed in Cr. Misc. No. 62742 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Sherghati, Gaya in connection with Amas P.S. Case No. 341 of 2023, with a condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
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7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T