Ashif @ Anshu Khan @ Md. Anshu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83395 of 2023 Arising Out of PS. Case No.-242 Year-2015 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ashif @ Anshu Khan @ Md. Anshu Khan S/o Md. Aftab @ Mohammad Aftab Alam R/o Mohalla- Anwarpur, P.S- Town, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No.242 of 2015, registered for the offences punishable under Sections 420/406/120(B)/34 of the Indian Penal Code and further Sections 392/411 of the Indian Penal Code has been added.

3. As per the prosecution case, the owner of Piyush & Associates Pvt. Ltd got information from his staff that while he was going to Patna from Hajipur with his motorcycle after collecting Rs.10,90,000/- from shopkeepers then four unknown persons with two motorcycles intercepted him and fled away with money and motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name transpired on the basis of confessional statement of co-

Patna High Court CR. MISC. No.83395 of 2023(2) dt.24-01-2024 2/2 accused Mohd. Arshad and no incriminating material or cash has been recovered from the possession of petitioner. He further submits that co-accused Mohd. Arshad on whose confessional statement the name of petitioner was implicated in this case has been enlarged on bail. He also submits that due to two criminal antecedents of petitioner in which he is on bail he has been implicated in this case. Learned counsel submits that petitioner is in custody since 31.08.2023, charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.242 of 2015.

(Sunil Dutta Mishra, J) Ritik/- U T