Fulkar Khan @ Ffulkar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48977 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- AMDABAD District- Katihar ====================================================== Fulkar Khan @ Ffulkar Khan S/o- Late Magan Khan Resident of MohallaBairiya, P.S.- Amdabad, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Amdabad P.S. Case No. 23 of 2021 instituted for the offences under Sections 386, 387, 307, 506 and 34 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 31.01.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he was intercepted by the petitioner and Babloo Khan and they demanded Rs. 20,000/- form the informant and on his refusal both of them fired from their pistol but the informant managed to save himself and on hearing

Patna High Court CR. MISC. No.48977 of 2021(2) dt.27-01-2022 2/3 gunshot, villagers came and the accused were apprehended with pistol and two live cartridges and were handed over to the police.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that informant owes Rs. 20,000/- to Babloo Khan and as such Babloo Khan was demanding his own money from the informant. Learned counsel further submits that if two accused with pistol intercepts an innocent man, the demand of extortion would not be only Rs. 20,000/- but would be much more. It is thus submitted that since he had accompanied Babloo Khan, who had requested his money from informant, he came to be implicated with false allegation.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 31.01.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and is alleged to have been apprehended by the informant and the villagers and not by the police, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.48977 of 2021(2) dt.27-01-2022 3/3 satisfaction of learned Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 23 of 2021.

(Satyavrat Verma, J) Rishi/- U T