Patna High CourtCR. MISC./73848/2022bail granted

Md. Fateh Alam @ Fateh Khan v. The State Of Bihar

2023-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73848 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- AKBARNAGAR District- Bhagalpur ====================================================== MD. FATEH ALAM @ FATEH KHAN S/o Md. Rustam Khan R/v- English Chichroun, P.S.- Akbarnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in connection with Akbarnagar P.S. Case No. 31 of 2022 registered for the offence under sections 363 and 365 I.P.C. to which sections 302, 201, 120B of the Indian Penal Code was added later on. As per prosecution case, son of informant went to market along with his friend, Raj Kumar Rai, for purchasing stationery but he did not return.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has surfaced in this case during the course of investigation in the confessional statement of co-accused, Shahid Raza and Jai Kishan and save and except confessional statement of coaccused there is no other material to show his complicity in the

Patna High Court CR. MISC. No.73848 of 2022(2) dt.24-03-2023 2/2 aforesaid crime. Similarly situated accused Minhaj Khan has already been granted bail by a co-ordinate Bench of this court vide order dated 09.02.2023 passed in Cr. Misc. No. 45902/ 2022.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Akbarnagar P.S. Case No. 31 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) BKS/- U T