Haider Khan @ Md. Haider Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85802 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- SIKTI District- Araria ====================================================== Haider Khan @ Md. Haider Khan Son of Jabir Khan Resident of villagePerhiya, Khan Tola, ward no 13, Ps- Sikty, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Nazmul Hodda, Advocate Mr.Anamul Haque, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 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 sections 147, 148, 149, 341, 323, 324, 379, 307, 504 and 302 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has taken Rs. 10,000/- from the pocket of the informant and has also snatched silver ornaments. Hence, the present FIR.

4. Learned counsel for the petitioner submits that in this case earlier, the FIR was lodged under Section 307 and other allied sections of the Indian Penal Code. The petitioner was granted bail by the Trial Court but after six months, Parwej died and subsequently Section 302 was added and the bail of the

Patna High Court CR. MISC. No.85802 of 2024(3) dt.08-04-2025 2/2 petitioner was cancelled. From perusal of the allegation as alleged in the FIR, it is clear that there is only allegation against this petitioner is of snatching cash and silver ornaments and from perusal of the post-mortem report, it will transpire that the deceased was having no injury at the time of the death. It means by the time of death, injuries are healed. Further submission is that some accused persons have since been extended the privilege of bail vide order dated 28.06.2024 passed in Cr. Misc. No. 26646 of 2024 and its analogus case. Moreover, the petitioner is languishing in judicial custody since 14.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid 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 Sikty P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria.

(Ashok Kumar Pandey, J) Jagdish/- U T