Shahrukh Khan @ Garib Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30059 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- SISWAN District- Siwan ====================================================== Shahrukh Khan @ Garib Khan Son of Gairi Khan, Resident of Village - Gayaspur, P.S. - Siswan, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Siswan P.S. Case No.32 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and under Section 27 of Arms Act, later on Section 302 of Indian Penal Code was also added.

3. As per the prosecution case, allegation against the petitioner is that he alongwith other co-accused persons indiscriminately fired upon the informant causing grievous injury to the informant who during the treatment died in the hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive of the informant. He further submits

Patna High Court CR. MISC. No.30059 of 2024(2) dt.10-05-2024 2/2 that there is general and omnibus allegation against the petitioner. Learned counsel submits that petitioner was neither present on the place of occurrence nor he is aware of the present occurrence. He further submits that antecedent of petitioner is clean and he is in custody since 31.01.2024. He also submits that similarly situated co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide orders dated 18.10.2023 & 06.12.2023 passed in Cr. Misc. No.59186 of 2023 & Cr. Misc. No.78324 of 2023 respectively.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan in connection with Siswan P.S. Case No.32 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T