Lukhwa @ Lakhu @ Sultan @ Md. Lakakhu @ Lukula @ Sultan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78553 of 2024 Arising Out of PS. Case No.-454 Year-2024 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Lukhwa @ Lakhu @ Sultan @ Md. Lakakhu @ Lukula @ Sultan Son of Late Manir @ Suleman Resident of Village- Khushkibagh, Police Station - Sadar, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Katihar Town/Sahayak P.S. Case No. 454 of 2024, registered for the offences punishable under Sections 414, 399, 402, 323, 307, 353, 332 of the Indian Penal Code, Sections 25(1-b)a, 26, 27 and 35 of the Arms Act and Sections 8(c), 21(a) of the N.D.P.S. Act.
3. As per allegation, on secret information, the informant (S.H.O.) along with police personnel reached at village Budhuchak and apprehended four miscreants who
Patna High Court CR. MISC. No.78553 of 2024(2) dt.13-12-2024 2/3 disclosed the name of the petitioner and other accused persons.
4. The learned counsel for the petitioner has submitted that the case of the petitioner is on better footing because the coaccused, Md. Afroj has been granted bail by this Court vide order dated 26.09.2024 in Cr. Misc. No. 66976 of 2024 and Raju Mukhiya has already been granted bail by this Court vide order dated 01.10.2024 in Cr. Misc. No. 68368 of 2024. From the possession of Md. Afroj, one motorcycle and one cell phone were recovered. It appears that nothing has been recovered from the possession of the petitioner.
5. Considering the above-mentioned facts and circumstances, 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 Sessions Judge cum Special Judge (NDPS Act), Katihar in connection with Katihar Town/Sahayak P.S. Case No. 454 of 2024, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) The criminal antecedent of the petitioner will be verified by the court below and if it is
Patna High Court CR. MISC. No.78553 of 2024(2) dt.13-12-2024 3/3 found that the petitioner is involved in any case other than the present one, the bail bond of the petitioner shall not be accepted.
(Nawneet Kumar Pandey, J) Guddu/- U T