Aslam Khan @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36334 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Aslam Khan @ Raja S/o Moinuddin Abedin Khan @ Jangli Khan, resident of Village- Samsabad, P.S- Imamganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 120(B) of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 47(A) of Excise Act.

One country made katta and one live cartridge are said to have been recovered from conscious possession of the petitioner when petitioner and others had assembled to make preparation for committing dacoity.

Para-3 of the petition goes to show that altogether 13 cases had been lodged against the petitioner prior to institution of the present case but submission on behalf of the petitioner is that

Patna High Court Cr.Misc. No.36334 of 2016 (2) dt.23-08-2016 2/2 almost all the cases had been lodged prior to year 2007 and the present case was lodged at the time of panchayat election and as a matter of fact, nothing had been recovered from conscious possession of the petitioner but police with mala fide intention to detain him in custody implicated the petitioner in the present crime. Moreover, petitioner is in jail custody since 27.04.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 68 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T