Nashim Khan @ Md. Jabbar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62251 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- CHAKAI District- Jamui ====================================================== NASHIM KHAN @ MD. JABBAR KHAN SON OF KASHIM KHAN @ WASHIM KHAN RESIDENT OF VILLAGE- SHADIMUHALLA, PSBARAHI, PO- HAZARIBAGH, DIST- HAZARIBAGH, JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code.

3. As per prosecution case, five unknown miscreants attacked the bank premises loaded with rifles and pistols in their hand. They also disconnected the CCTV and took out the DVR. In furtherance of their robbery they looted Rs. 3,15,520/- along with 479 Gms of gold worth of Rs. 16.23 lacs from the bank.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.62251 of 2023(3) dt.18-12-2023 2/2 the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Ranvir Singh, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. He is languishing in judicial custody since 18.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Class, Jamui in connection with Chakai P.S. Case No. 132 of 2023.

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