Amzad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61710 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== AMZAD KHAN Son of Nasrullah Khan R/o vill - Dumari, P.S. - Durgawati, Distt. - Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

As per allegation in the FIR, accused Sohil Khan, Aflaque Khan, Gufran Khan in connivance with the petitioner opened fire upon the brother of the informant on his head and thereafter dragged his dead body on the bed and thereafter fled away after throwing the pistol under the cooler.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.61710 of 2023(3) dt.15-12-2023 2/3 petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion and last seen, the name of the petitioner has been dragged in the present case. There is no substantial or circumstantial evidence against the petitioner. Petitioner was only the member of mob. During investigation, no consistent material has come against the petitioner to show his involvement in the present case save and except his last seen. Petitioner has got no criminal antecedent and languishing in judicial custody since 20.07.2023.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named in the FIR. Petitioner and other accused persons were lastly seen going towards the place of occurrence.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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)

Patna High Court CR. MISC. No.61710 of 2023(3) dt.15-12-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned SDJM, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 154 of 2023.

(Sunil Kumar Panwar, J) sushma/- U