Firoz Khan @ Md. Firoz Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68558 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== FIROZ KHAN @ MD. FIROZ KHAN S/O LATE SHAHZADA KHAN R/O MOHALLA- SENAPATH, P.S- TOWN, DISTT.- DARBHANGA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 384, 506, 379, 448 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioner are said to have demanded Rs. 5,00,000/- as Rangdari from the informant. He was also threatened on gun point with dire consequences if the demand is not met.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. From bare perusal of the FIR, it
Patna High Court CR. MISC. No.68558 of 2023(3) dt.29-02-2024 2/2 is evident that there is general allegation against the petitioner that he took away Rs. 15,000/- from the pocket of informant. There is admitted land dispute between the parties. There is case and counter case between the parties. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 01.11.2023 passed in Cr. Misc. No. 59092 of 2023. Petitioner has criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Darbhanga Town P.S. Case No. 104 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T