Sanaur Khan @ Sanowar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3757 of 2021 Arising Out of PS. Case No.-311 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== SANAUR KHAN @ SANOWAR KHAN, S/o ANWAR KHAN, Resident of Village - Jharwa, P.S. - Harsidhi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 494, 411 of the Indian Penal Code and Sections 25 (1-b)a, 26, 27 & 35 of the Arms Act. Prosecution case in brief is that the informant was coming from jewellary shop after locking it in the meantime, three boys came with Desi Katta and pointed it over his head another miscreants assaulted him by Katta and third miscreants
Patna High Court CR. MISC. No.3757 of 2021(2) dt.18-03-2021 2/3 took out Rs.15,000/- from his pocket and also snatched away the bag containing account register by opening fire then the informant shouted on this nearby people gathered and they chased the miscreants out of three they apprehended one miscreant. After searching one Desi Katta and from his pocket one knife and a used cartridge were recovered from the possession of the miscreant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has been made accused on the confessional statement of co accused namely Ritesh Kumar. There is no any incriminating articles either from the possession or from the house of the petitioner. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 05.02.2019. The petitioner is accused in 05 cases which is mentioned para 3 of the bail petition. The co-accused has been granted bail by this Hon'ble Court vide order dated 09.09.2020 passed in Cr. Misc. No.54674/2019. Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.3757 of 2021(2) dt.18-03-2021 3/3 after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Govindganj P.S. Case No. 311/2018 to the satisfaction of learned Court below where the case is pending.
(Anjani Kumar Sharan, J) amitkumar/- U T