Saif Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53938 of 2023 Arising Out of PS. Case No.-417 Year-2023 Thana- KOTWALI District- Patna ====================================================== Saif Ali Khan Son Of Son Of Aslam @ Late Aslam Khan Resident At Bawana, J.J. Colony, E Block 3750 Sau Phuta Road, P.S.-Narela Vodgarh, New Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 401, 414, 420 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they were apprehended on the spot and from their possession one bundle of paper in the size of rupees, debit card of SBI Bank and Canera Bank and mobile was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.53938 of 2023(2) dt.28-08-2023 2/2 confessional statement of co-accused. Neither the petitioner has any concern with the alleged recovery nor the seizure list hast been prepared as per provision of Section 100 of the Cr.P.C.. It is further submitted that nothing incriminating or looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 28.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwali P.S. Case No. 417 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Patna. (Sunil Kumar Panwar, J) Manishkumar/- U T