Md Raja Khan@Taiyab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33718 of 2023 Arising Out of PS. Case No.-743 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Md Raja Khan@Taiyab Khan Son of Sarafat Khan Resident of VillageTraining School, Zafar Gali, P.S.- Sultanganj, Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyam Raj, Advocate For the State :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Shastri Nagar P.S. Case No. 743 of 2022 for the offence registered under Sections 457 and 380 of the Indian Penal Code. It is a case of commission of robbery from the flat of the informant and taking away cash, jewelries and other valuable articles by unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. There is no recovery from the physical possession of the petitioner except the motorcycle which is in the name of his brother. It is stated that the name of the petitioner has come on the confessional statement of one of the co-accused and has been

Patna High Court CR. MISC. No.33718 of 2023(2) dt.24-06-2023 2/2 remanded subsequently in three other cases. Petitioner is not named in the F.I.R. and he is in jail custody since 11.11.2022 . He further submits that similarly situated co-accused persons, namely, Md. Shahid and Ezaz Ali have been granted regular bail vide order dated 12.05.2023 passed in Cr. Misc. No. 18457 of 2023 and co-accused Faiyaz Khan alias Faiyyaj Khan alias Faiyaz alias Md Faiyaz has also been granted bail by co-ordinate Bench of this Court vide order dated 21.06.2023 passed in Cr. Misc. No. 17131 of 2023. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge IX Cum A.C.J.M, Patna in connection with Shastri Nagar P.S. Case No. 743 of 2022.

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