Fajil Kha @ Fajil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68943 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== FAJIL KHA @ FAJIL KHAN son of Late Mohamadin Khan VillageTurkaulia Ps- Matiyariya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

Prosecution case relates to loot of tractor on pistol point by three accused persons and after half an hour they released the driver of the tractor and then the present FIR by the (owner of the tractor) informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession of the petitioner.

Patna High Court CR. MISC. No.68943 of 2023(2) dt.06-11-2023 2/2 Similarly situated other co-accused person has already been granted bail by this Court vide order dated 19.8.2023 passed in Cr. Misc. No. 51672 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 7.4.2023. The application for bail is opposed by learned APP for the State.

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) with two sureties of the like amount each to the satisfaction of the learned SDJM, West Champaran in connection with Ram Nagar P.S. Case No. 589 of 2022.

(Sunil Kumar Panwar, J) sushma/- U