Kashim @ Buli @ Kasish Reja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86382 of 2023 Arising Out of PS. Case No.-220 Year-2014 Thana- MASHRAK District- Saran ====================================================== Kashim @ Buli @ Kasish Reja Son Of Ajhar Hussain Resident Of VillageJharwa, Ward No. 11, P.S.- Harsiddhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Ranjan For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mashrak P.S. Case No. 220 of 2014, dated 07.07.2023, registered for the offences punishable u/s 395, 397 of the Indian Penal Code, 1860.

3. As per the prosecution case, six unknown miscreants armed with deadly weapons are alleged to have assaulted the informant's brother due to which his brother got injured and also looted mobile phones, cash about Rs. 21,000/- and ATM Card from the informant and fled away with the informant's Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has got one criminal antecedent in which he is on bail

Patna High Court CR. MISC. No.86382 of 2023(3) dt.05-03-2024 2/2 stated in para 3 of the bail petition. The name of the petitioner has transpired on the basis of confessional statement of the coaccused namely Sanwar Khan. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of occurrence.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegations against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Mashrak P.S. Case No. 220 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T