← Library
Patna High CourtCR. MISC./77355/2023allowed

Zakir Raza @ Zakir Raza Khan @ Aamir Khan v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77355 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Zakir Raza @ Zakir Raza Khan @ Aamir Khan Son Of Md. Rafi Alam Khan Resident Of Village - Bara, P.S. - Magadh University, District - Gaya (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 387, 386, 427, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that on 01.08.2023 while the informant and his 3-4 friends were busy in construction work, all the accused persons armed with explosive articles came and demanded Rs.

Patna High Court CR. MISC. No.77355 of 2023(2) dt.06-12-2023 2/3 20 lakhs and fired 8-10 gunshots and also damaged the construction work by the JCB machine. It is further alleged that the accused persons also snatched cash of Rs. 2 lakhs and fled away.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also sustained injuries. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner is languishing in custody since 12.07.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.77355 of 2023(2) dt.06-12-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 227 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T