Chhotan Khan @ Chhotu Khan @ Shakilurahman Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81131 of 2024 Arising Out of PS. Case No.-531 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chhotan Khan @ Chhotu Khan @ Shakilurahman Khan S/o- Md. Mojibur Rahman Khan Village- Bhagalpur Po Ps- Piro Dist-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 363 of the Indian Penal Code.
3. The case of the prosecution is that the brother of the informant namely Amit Kumar is going to Sasaram from Banaras on 4.11.2022 as he reached near Bikramganj P.S. he made a call to the informant and told that he is going to meet somebody at Bikramganj Tenu Chowk. After one hour, he did not return.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During investigation, victim
Patna High Court CR. MISC. No.81131 of 2024(3) dt.29-01-2025 2/2 was recovered and he has given his statement recorded under section 164 of the Cr.P.C. wherein he has not named in this petitioner rather his name has come on the basis of confessional statement of one Jai Ram Kharwar. Except confessional statement nothing has come against this petitioner. Moreover, he is languishing in judicial custody since 06.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bikramganj P.S. Case No. 531 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas.
(Ashok Kumar Pandey, J) Shubham/- U T