Sahid Khan @ Shahid Khan @ Sahid @ Sajid @ Sazid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52131 of 2024 Arising Out of PS. Case No.-382 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Sahid Khan @ Shahid Khan @ Sahid @ Sajid @ Sazid Son Of Late Seraj Khan Village- Madhopur, Ps- Chiraiya, Dist- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar Prasad, Advocate For the Opposite Party :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 382 of 2023 lodged on 10.08.2023 under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against five named accused persons, including the present petitioner alleging therein that they are planning to commit robbery with arms.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is neither apprehended by the police from the place of occurrence nor any arms have been recovered
Patna High Court CR. MISC. No.52131 of 2024(2) dt.24-07-2024 2/3 from his possession. He further submits that his name has figured in this case on the basis of confessional statement of the co-accused from whose possession arms have been recovered. Learned counsel further submits that name of the petitioner inserted in this case due to the reason that his criminal antecedent is not clean as there are six criminal cases pending against him.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned court of 1st Additional Sessions Judge, East Champaran, Motihari, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-
Patna High Court CR. MISC. No.52131 of 2024(2) dt.24-07-2024 3/3
1. Dhaka P.S. Case No. 162 of 2023
2. Chiraiya P.S. Case No. 397 of 2023
3. Chiraiya P.S. Case No. 228 of 2023
4. Chiraiya P.S. Case No. 227 of 2023
5. Dhaka P.S. Case No. 247 of 2023
6. Chiraiya P.S. Case No. 235 of 2023 (Dr. Anshuman, J.) Ashwini/- U T