Md. Danish Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81848 of 2023 Arising Out of PS. Case No.-194 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== MD. DANISH KHAN Son of Md. Anwar Khan R/o vill - Punaul, P.S. - Bodhgaya, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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 395 of the Indian Penal Code.
3. It is a case of robbery. Some miscreants are alleged to have made hostage the security staff and committed robbery in the store room.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and his name was transpired on the basis of CDR. During course of investigation one Suraj Kumar was arrested whose mobile shows, there is conversation with the petitioner. Neither the petitioner was put on TIP nor any
Patna High Court CR. MISC. No.81848 of 2023(3) dt.19-03-2024 2/2 incriminating article has been recovered from his conscious possession. He has got no criminal antecedent as stated in para3 of the bail petition and he is languishing in judicial custody since 14.7.2023.
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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bodhgaya (Cherki) P.S. Case No. 194 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T