Raish Khan @ Md Raish Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72406 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- SISWAN District- Siwan ====================================================== Raish Khan @ Md Raish Khan Son Of Late Kamrul Khan @ Md. Kamrul Khan Resident Of Village- Gayaspur, P.S.- Siswan, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Siswan P.S. Case No. 32 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 302 of the Indian Penal Code also added later on.
3. As per the prosecution case, allegation against the petitioner is that he along with other co-accused persons indiscriminately fired upon the informant causing grievous injury to the informant who during the treatment died in the hospital.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.72406 of 2023(3) dt.07-02-2024 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner himself surrender in the Court Below on 19.05.2023 and there is no material against the petitioner. He also submits that the petitioner was not present at the place of occurrence and due to village politics he has been implicated in this case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner submitting that the petitioner has criminal antecedent of 48 cases which includes heinous crimes also and he is a habitual criminal.
6. Considering the facts and circumstances of the case, nature of allegation against the petitioner and the 48 criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is, accordingly, rejected.
(Sunil Dutta Mishra, J) ashishkr/- U T