Patna High CourtCR. MISC./69097/2022bail granted

Md. Khalid v. The State Of Bihar

2023-03-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69097 of 2022 Arising Out of PS. Case No.-273 Year-2022 Thana- KHAGAUL District- Patna ====================================================== MD. KHALID S/O Md. Washi Ahmed R/O M.R. Colony, Tenant in the house of Akhtar Ali, P.S- Phulwari Sharif, District- Patna, Bihar -801505 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Sinha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Khagaul P.S. Case No. 273 of 2022, registered for the offences punishable under Sections 363, 366 (A) and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no direct allegation of kidnapping against the petitioner. It has been mentioned in the FIR that the petitioner was also with Md. Hasan against whom there is allegation of kidnapping. The petitioner is under custody since 07.09.2022. On the other hand, the learned Addl.P.P. has opposed the prayer for bail.

Patna High Court CR. MISC. No.69097 of 2022(3) dt.27-03-2023 2/2 Considering the fact that there is no direct allegation against the petitioner of kidnapping and he is under custody since 07.09.2022, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Danapur in connection with Khagaul P.S. Case No. 273 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T