Shekh Khabir Ahmad @ Shekh Khabir Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69038 of 2023 Arising Out of PS. Case No.-572 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Shekh Khabir Ahmad @ Shekh Khabir Ahamad S/O Late Shekh Tabarak R/O Village- Chand Saraiya, P.S- Pipra Kothi, Distt.- East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Narayan Singh :
Mr. Suraj Kumar Tiwari For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have been apprehended with a stolen Scorpio vehicle about which when inquiry was done, the petitioner did not give satisfactory reply.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. It is also submitted vide para 13 of the petition that the petitioner
Patna High Court CR. MISC. No.69038 of 2023(2) dt.01-11-2023 2/2 went to Simran garage, Kachhpakke, Muzaffarpur for repair of his Quanto CG vehicle and due to some emergency, the petitioner took other vehicle from the garage of co-accused namely, Ram Niwas Dubey and when the petitioner reached at gate of hospital, he was apprehended by police. It is further submitted that the petitioner is languishing in judicial custody since 19.8.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 572 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) Amandeep/- U T