Firoz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55110 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Firoz Khan Son Of Diwan Shamim Khan Resident Of Village - Sirbit, P.S.- Chainpur, District - Kiamur (Bhabua) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

The prosecution case in nutshell is that brother of the informant had gone to sleep in his Dalan and in the morning his dead body was found.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the

Patna High Court CR. MISC. No.55110 of 2022(2) dt.16-02-2023 2/3 petitioner is named in F.I.R. nor anything has been recovered from his conscious possession. The name of petitioner sprang up in this case on the basis of confessional statement of co-accused persons, namely, Ram Eqbal Sharma & Diwan Rehan Khan. There is no specific overt act of allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 3.8.2022. Similarly situated several co-accused persons have been granted bail by the co-ordinate Bench of this court, annexed as Annexure 3, 4 & 5 of this application.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chainpur P.S. Case No. 210 of 2021 on furnishing

Patna High Court CR. MISC. No.55110 of 2022(2) dt.16-02-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Kaimur(Bhabua).

(Sunil Kumar Panwar, J) nirajkrs/- U T