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Patna High CourtCR. MISC./42882/2024allowed

Sohail Khan @ Sannu Khan v. The State Of Bihar

2024-10-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42882 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Sohail Khan @ Sannu Khan Son of Late Sabir Khan R/O Vill.- Dumari, P.S.- Durgawati, Dist.- Kaimur(Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

3. Petitioner along with other accused persons are said to have committed the murder of the deceased (Md. Jahangir Khan).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the charge has been framed against the petitioner and there is no allegation against the petitioner to tamper with the prosecution witnesses. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 20.02.2024

Patna High Court CR. MISC. No.42882 of 2024(4) dt.18-10-2024 2/3 passed in Cr. Misc. No. 7772 of 2024. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 02.04.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Durgawati P.S. Case No. 154 of 2023, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself

Patna High Court CR. MISC. No.42882 of 2024(4) dt.18-10-2024 3/3 available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (V) The petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) devendra/- U T