Md. Sakib Khan @ Sakko v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47080 of 2022 Arising Out of PS. Case No.-168 Year-2021 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Md. Sakib Khan @ Sakko Son Of Md. Murtaza Resident Of Mohalla - Maulanachak, Police Station - Mojahidpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394, 397 of the Indian Penal Code, Section 27 of Arms Act and subsequently Sections 302, 201, 120(B) of Indian Penal Code was also added. The prosecution case in nutshell is that the informant along with his younger brother, namely, Ravi Kumar was going to Jamui by Train No. 13401 UP, namely, Bhagalpur Danapur Intercity Express in the general boggy. When the train reached Muslim High School at a distance of

Patna High Court CR. MISC. No.47080 of 2022(5) dt.26-04-2023 2/3 500 Metres from the starting point, then one unknown person, who was sitting in same boggy came near informant and snatched his mobile and started fleeing away from there. Then, informant started chasing him, then the said unknown person fired upon him with country made pistol due to which bullet pierced his stomach and he was injured. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in F.I.R. The petitioner runes a mobile shop and doing work of sale and purchase of old/new mobile. On the alleged date of occurrence, he has purchased the alleged mobile from Md. Asif 2 Lal. During the course of investigation, co-accused Md. Asif @ Lal was arrested and he confessed his guilt. The petitioner is languishing in judicial custody since 05.01.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.47080 of 2022(5) dt.26-04-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with S.T. No. 224 of 2022 (arising out of Bhagalpur Rail P.S. Case No. 168 of 2021) on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions Judge, Bhagalpur. (Sunil Kumar Panwar, J) Shageer/- U T