Nabil Ahmad Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34665 of 2024 Arising Out of PS. Case No.-71 Year-2007 Thana- SANGRAMPUR District- East Champaran ====================================================== NABIL AHMAD KHAN SON OF MAINUL HAQUE KHAN @ MAINA KHAN Resident of Village- Dariyapur, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Trial No. 782 of 2024 arising out of Sangrampur P.S. Case No. 71 of 2007 for the offence registered under sections 341, 323, 324, 307, 448, 380, 504, 506 and 34 of the Indian Penal Code lodged on 20.08.2007 by the informant, Jaffar Ekbal Khan.
3. As per the prosecution story, the informant alleged that while in house, he heard some sound came out and found the petitioner along with co-accused armed variously pulled the informant and assaulted with farsa/iron rod. He ran towards his home but was again assaulted. When the uncle came to rescue,
Patna High Court CR. MISC. No.34665 of 2024(3) dt.31-07-2024 2/2 other accused persons inflicted farsa blow on the head, causing injury. The maid servant, Subiya was also assaulted, causing injury on her eyes thereafter, allegation is of theft in the house and opening of fire by Laddan Khan. Accordingly, the F.I.R.
4. Though learned Counsel for the petitioner submits that he has no role to play in the matter, learned APP, Mr. Bharat Bhushan submits that the F.I.R. is of the year 2007, the petitioner was named in it and he has come to this Court after 17 years.
5. Taking into account the fact that his name has come in the F.I.R. and he delayed coming to the Court which is actually 17 long years, the anticipatory bail application stands rejected.
6. The petitioner if surrenders in next four weeks, the Court concern shall take up the bail petition and dispose it of preferably on the same day.
(Rajiv Roy, J) Neha/- U T