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Patna High CourtCR. MISC./1525/2021allowed

Raju Khan @ Mustaque Khan v. The State Of Bihar

2021-03-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1525 of 2021 Arising Out of PS. Case No.-160 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Raju Khan @ Mustaque Khan, Gender - Male, aged about 45 years, Son of Late Suman Allah Khan, Resident of Village - Phulkaul, P.S. - Ramnagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the State :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Ramnagar P.S. Case No. 160 of 2019 registered for the offences punishable under Sections 302, 120(b), 34 of the Indian Penal Code and Section 25 of the Arms Act.

According to the F.I.R., nine F.I.R. named accused persons along with three to four unknown under a conspiracy made indiscriminate firing on the husband of the informant causing his death. Land dispute is reason behind the occurrence of commission of murder.

Patna High Court CR. MISC. No.1525 of 2021(2) dt.08-03-2021 2/3 Learned counsel for the petitioner submits that the informant is not an eye witness of the occurrence. Similarly situated co-accused have been granted bail by different Coordinate Bench of this Court vide Annexure-3 of the bail petition. Petitioner is in jail custody since 07.09.2020. There is no specific allegation against the petitioner. Only on suspicion, the petitioner has been made accused in the present case. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Bagaha, West Champaran in connection with Ramnagar P.S.

Case No. 160 of 2019, subject to the following conditions :- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

Patna High Court CR. MISC. No.1525 of 2021(2) dt.08-03-2021 3/3 If any complaint comes against the petitioner before the learned trial court that the petitioner is threatening to the witnesses, the learned court below shall conduct inquiry and thereafter pass necessary order according to law. (Anjani Kumar Sharan, J) Nasimul/- U T