Meraj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.465 of 2023 Arising Out of PS. Case No.-507 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Meraj Khan Son Of Inayat Hussain R/O Village- Khodanagar, P.S.- Chhatauni, District- East Champaran 2.

Md. Asfaque Khan Son Of Late Md. Wakil R/O Village- Khodanagar, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with Chhatauni P.S. Case No. 507 of 2022 lodged under Sections 394 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against unknown accused persons.

Learned counsel for the petitioner submits that petitioner's antecedent is clean and he is in custody since 06.11.2022. He submits that nothing incriminating has been

Patna High Court CR. MISC. No.465 of 2023(2) dt.25-03-2023 2/2 recovered from his possession and he has been made accused under conspiracy.

Learned counsel for the State opposes the prayer for bail and submits that petitioner was identified in CCTV footage by spy. Counsel further submits that the Sessions Court has given liberty to the petitioner to renew his prayer for bail after framing of charge but instead of availing the said remedy, he has filed this application before this Court.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T