Chhotu Khan @ Ahamad Ali @ Amjad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85393 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- KOTHI District- Gaya ====================================================== Chhotu Khan @ Ahamad Ali @ Amjad Ali Son of Pakri Alam @ Fakare Alam @ Phakre Alam Resident of Village - Kothi, P.O. Kothi, P.S. - Kothi, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shadab Akhter, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Kothi P.S. Case No. 50 of 2023 registered under Section 392 of the Indian Penal Code lodged on 11.05.2023 by the informant, Rajesh Kumar.

As per the prosecution story, the informant alleged that after collection of the amount, as he was moving to the branch, unknown persons intercepted and took away the collected amount (Rs. 2,39,468/-) as also the electronic gadgets. Accordingly, the FIR.

The police during the investigation picked up Zishan Khan @ Sharik Khan & Talib Khan and whose confession

Patna High Court CR. MISC. No.85393 of 2023(2) dt.29-01-2024 2/2 motorcycle and other incriminating articles were recovered. The name of the petitioner has come in the confessional statement and the learned Sessions Judge has taken note of his involvement in different paragraphs of the case diary. Learned APP for the State opposes the prayer for bail. Though, learned counsel for the petitioner submits that he has no criminal antecedent, his name has come in the confessional statement, the same will be considered only when he surrenders and prays for bail. However, in view of the fact that co-accused persons, namely, Zishan Khan @ Sharik Khan & Talib Khanare are in judicial custody and their bail petition also stands rejected by the learned Trial Court, it would be appropriate that the petitioner surrenders and move for bail. Cr. Misc. No. 85393 of 2023 stands rejected.

(Rajiv Roy, J) Jagdish/- U T