Aman Khan @ Ahmad Raja Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63083 of 2023 Arising Out of PS. Case No.-631 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== Aman Khan @ Ahmad Raja Khan Son of Mansad Khan Resident of Sonbarsha, P.S. - Pachrukhi, District - Siwan, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Town PS Case No 631 of 2021 dated 09.11.2021 registered for the offence punishable under Sections 365, 364, 302, 201 and 120B/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the son of the informant left the house on his black Scorpio along with Anshu Singh and Parmendar Yadav but he did not return in the night. Subsequently, she got an information from the Mirganj P.S. that the said Scorpio was found in abandoned condition, leading to the filing of the present case against unknown persons.

Patna High Court CR. MISC. No.63083 of 2023(2) dt.06-10-2023 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. He is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the coaccused, namely, Sandeep Kumar, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 25.02.2023 passed in Cr. Misc. No. 48151 of 2022. The petitioner is in custody since 24.05.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody, apart from the fact that the name of the petitioner has surfaced on the confessional statement, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Siwan Town PS Case No 631 of 2021 with the condition that: (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the

Patna High Court CR. MISC. No.63083 of 2023(2) dt.06-10-2023 3/3 petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) rohit/- U T