Sahid Khan @ Sazid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59194 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Sahid Khan @ Sazid Son of Late Seraj Khan Resident of Vill- Madhopur, P.S.- Chiraya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 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. 228 of 2023, lodged on 17.05.2023, under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26,35 of the Arms Act and Sections 8, 20(b) (ii)(c) of the NDPS Act.

3. As per the prosecution, the FIR has been lodged against seven named accused persons including the present petitioner from whom there is a recovery of 1 kg 10 gm of charas, desi katta, live cartridges, some cash and a motorcycle have been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.59194 of 2024(2) dt.04-09-2024 2/2 submits that the petitioner is not apprehended from the place of occurrence, his name has been disclosed by virtue of confessional statement of those accused persons who were apprehended from the spot. Counsel submits that criminal antecedent of the petitioner is not clean and there are in total six criminal cases pending against him and he is in custody since 16.09.2023.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is not innocent, recovery of NDPS article and Arms have been made from the group of the accused persons, out of which some accused persons have fled away and some accused persons have been apprehended from the place of occurrence.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner. Hence, the prayer for regular bail of the petitioner is hereby rejected with liberty that the petitioner may renew his prayer for bail six months after framing of charge.

(Dr. Anshuman, J.) Aman Kumar/- U T