Sahid Khan @ Shahid Khan @ Sahid @ Sajid @ Sazid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53158 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Sahid Khan @ Shahid Khan @ Sahid @ Sajid @ Sazid Son of Late Seraj Khan Village- Madhopur, Ps- Chiraiya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Prasad, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dhaka P.S. Case No. 162 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, the allegation against three unknown miscreants is of committing loot of Rs. 49,500/- from the Informant while he was returning after collecting the amount from the customers on a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.53158 of 2024(2) dt.02-08-2024 2/3 The petitioner is not named in the F.I.R. and has not been arrested on the spot and there is no recovery of any incriminating article from his possession. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has six criminal antecedents and is languishing in judicial custody since 19.12.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. Learned counsel for the petitioner again submits that the co-accused namely Bikki Tiwari @ Vikkey Tiwari has been granted bail by this Court vide order dated 01.05.2024 passed in Cr. Misc. No. 32622 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No.
Patna High Court CR. MISC. No.53158 of 2024(2) dt.02-08-2024 3/3 162 of 2023 .
(Rudra Prakash Mishra, J) rishi/- U T