Sarukh Khan @ Amir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56980 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Sarukh Khan @ Amir Khan Son Of Daroga Khan Resident Of Mohalla - Tikari Road Azad Nagar, P.S. - Aurangabad Town, District - Aurangabad (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, a video & photo camera, mobile phones of the informant and his uncle were robbed by three unknown miscreants. The accused persons also shot at the uncle of the informant which hit on his left leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of his self confessional statement under

Patna High Court CR. MISC. No.56980 of 2023(3) dt.18-10-2023 2/3 police custody. Nothing stolen material has been found from possession of the petitioner and seized article has not been put for identification. The petitioner has also not been put on TI Parade. It is further submitted that the petitioner is languishing in judicial custody since 4.3.2023. Moreover, similarly situated co-accused namely, Md. Shahnwaz has already been granted bail by this Court vide order 11.10.2023 passed in Cr. Misc. No. 43051 of 2023.

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

6. 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 Aurangabad Town P.S. Case No. 87 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 Additional Sessions Judge III, Aurangabad.

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

Patna High Court CR. MISC. No.56980 of 2023(3) dt.18-10-2023 3/3