Sharukh Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59966 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== Sharukh Khan Son Of Juber Khan R/O Vill - Ghoghra, P.S. - Rishiyap, Distt. - Aurangabad. At Present Address - Near Shiv Mandir, Magistrate Colony, Jhoparpatti, P.S. - Rajiv Nagar, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 sections 457 and 380 of the Indian Penal Code.

3. Prosecution case relates to commission of theft in the house of the informant by the unknown miscreants and in this incident, several ornaments and Rs. nine lakhs have been stolen from her house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.59966 of 2023(2) dt.08-09-2023 2/2 of confessional statement of other co-accused person, namely, Md. Saddam before the police which has got no evidentiary value in the eye of law. Nothing stolen article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 16.05.2023.

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 Rajiv Nagar P.S. Case No. 111 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 Chief Judicial Magistrate, Patna.

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