Md Sadik Khan @ Sadique Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4945 of 2021 Arising Out of PS. Case No.-254 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

Md. Sadik Khan @ Sadique Khan, Son of Safique Khan, R/o villageBhadiya, P.S.- Barachatti, District- Gaya. 2.

Ravi Shankar @ Ravi Singh, Son of Sri Sidhi Singh, R/o village- Kalhawra, Bodh Gaya (Near Domohan), P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-08-2021 Heard Md. Javed Jafar Khan, the learned Advocate for the petitioners and Md. Matloob Rab, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Barachatti P.S. Case No. 254 of 2019, dated 19.06.2019, instituted for the offences under Sections 384, 385, 414, 406, 120B and 379/34 of the

Patna High Court CR. MISC. No.4945 of 2021(2) dt.05-08-2021 2/3 Indian Penal Code.

It has been alleged in the F.I.R. that on information that some people are managing to have the vehicles loaded with iron rods, sand etc. pass through a toll plaza by giving bribe money, the raid was conducted at one such toll plaza. A person was coming from Jharkhand side on a motorcycle in a suspicious manner. He did not respond to the direction of the police to stop the vehicle. The aforesaid person but was nabbed by the police party and he disclosed his name as Babar. He is said to have told the police party that he along with others, on the asking of one Mahtab, managed to get the vehicles pass through such toll plaza by giving bribe money to the persons managing it. Though the petitioners have been named in the statement of aforesaid Babar, but the accusation against them is only on the basis of the statement made by an arrested accused person. Apart from such statement, it has been argued, there is no other material to connect the petitioners with the offence.

The petitioners do not have criminal antecedents.

Patna High Court CR. MISC. No.4945 of 2021(2) dt.05-08-2021 3/3 For the reasons afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 254 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T