Nepali Khan @ Alim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63751 of 2022 Arising Out of PS. Case No.-471 Year-2022 Thana- SIRDALA District- Nawada ====================================================== Nepali Khan @ Alim Khan Son of Ishak Khan @ Isakk Khan Resident of village- Bisitait Tola, Dhobani, P.S- Meskaur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 354(B) of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that the accused persons including the petitioner abused the informant and they fired upon the informant's son with an intention to kill due to which he sustained firearm injury on his head and got injured. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that from bare perusal of the F.I.R. it transpires that there is specific allegation of firing against Maqsood Khan and the allegation

Patna High Court CR. MISC. No.63751 of 2022(2) dt.28-02-2023 2/3 against the co-accused namely Mustaque Khan that he has assaulted the son of the informant. He further submits that there is general and omnibus allegation against the petitioner and there is no specific allegation of any assault or overt act against the petitioner and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.08.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sirdalla P.S. Case No. 471 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.63751 of 2022(2) dt.28-02-2023 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T