Ahmad Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.54497 of 2017 (2) dt.14-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54497 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ahmad Khan Son of Sarfaraj Khan Resident of Village- Jogaliya, P.S. Madhuban, Distt. East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mehsi P.S. Case No. 21 of 2016 registered under Sections 401, 413, 414/34 of the Indian Penal Code.

The petitioner along with two other accused persons namely, Md. Sonu and Harendra Mahto are said to have been committing heist of the motorcycle and selling it out in Nepal and three motorcycles are said to have been recovered from the possession of each of them.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.54497 of 2017 (2) dt.14-12-2017 dirty politics. The petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. His name emerged in the case only on the basis of confessional statement of co-accused Md. Sonu. Charge in the case has already been framed. The petitioner has been languishing in custody since 10.02.2016. Other two accused persons namely, Md. Sonu and Harendra Mahto from whose possession one motorcycle each was recovered have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 21.11.2016 passed in Cr. Misc. no. 40325 of 2016 and order dated 11.01.2017 passed in Cr. Misc. no. 53628 of 2016.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 14th Additional Sessions Judge, Motihari, East Champaran in connection with Mehsi P.S. Case no. 21 of 2016.