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Patna High CourtCR. MISC./35106/2020bail granted

Rasul Khan @ Raesul Khan @ Raees Khan v. The State Of Bihar

2021-03-19Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35106 of 2020 Arising Out of PS. Case No.-24 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== RASUL KHAN @ RAESUL KHAN @ RAEES KHAN, Son of Moti Khan Resident of Village- Mathurapur, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2021 Heard Mr. Anish Kumar, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sheohar P. S. Case No. 24 of 2019, instituted for the offences under Sections 341, 323, 379, 325, 427, 452, 308 and 34 of the Indian Penal Code.

It has been alleged in the F.I.R. that the petitioner along with others came to the house of the informant and assaulted him. Some valuable belongings also are said to have taken away.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.35106 of 2020(2) dt.19-03-2021 2/3 submitted that the informant is the elected Ward Member of Ward No. 8 who had been entrusted with the task of executing Jal Nal Project of the Government. When one Mansur Khan protested against the illegal manner of functioning of the informant, an attempt was made by the informant to shoot aforesaid Mansur Khan. However, any situation like that was averted but since the informant is a Ward Member, he took the police in collusion and has got a case registered against the family members of aforesaid Mansur Khan as well as the petitioner, who is said to be the friend of son of aforesaid Mansur Khan.

It has been submitted that the petitioner is a student of Intermediate and has been unnecessarily made accused in this case.

Mansur Khan, the co-accused, has been granted anticipatory bail by a Bench of this Court vide order dated 19.06.2019 passed in Cr. Misc. No. 20928 of 2019.

Patna High Court CR. MISC. No.35106 of 2020(2) dt.19-03-2021 3/3 Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar, in connection with Sheohar P. S. Case No. 24 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T