Imran Khan @ Kalu @ Md. Imran Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53269 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Imran Khan @ Kalu @ Md. Imran Khan, Son of Md. Nazir Khan, Resident of Mohammadpur, Police Station - Kamtaul, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Das, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kamtaul P.S. Case No. 54 of 2024, registered for the alleged offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, four unknown miscreants at gunpoint looted the pick up van of the informant. They also took away mobile phones of the informant and his cleaner. The said pick up van was loaded with milk, curd, paneer etc. worth Rs.40,000/-. The name of the petitioner surfaced during investigation as one of the accused persons for being involved in the crime.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.53269 of 2024(4) dt.26-10-2024 2/3 the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of this petitioner. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused and apart from the confessional statement of co-accused person, there is no material to connect the petitioner with the offence as alleged. The learned counsel further submits that the petitioner was apprehended in Kamtaul P.S. Case No. 66 of 2024 and remanded in the present case on 28.03.2024. The learned counsel further submits that the petitioner was remanded in all the cases at the instance of one Asad Aajmi, a member of Zila Parishad, Darbhanga. The petitioner used to work in Dubai prior to breakout of the Covid19 and after return, he has been falsely implicated in a number of cases. The learned counsel further submits that the petitioner is accused in altogether seven cases. The charge sheet has been submitted.
5. The learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is
Patna High Court CR. MISC. No.53269 of 2024(4) dt.26-10-2024 3/3 directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Darbhanga, in connection with Kamtaul P.S. Case No. 54 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) The petitioner will not indulge in similar type of offences in future.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T