Reyaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86158 of 2023 Arising Out of PS. Case No.-502 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Reyaj Khan S/O Moti Khan R/O Village- Raghunathpur, P.S- Raghunathpur (O.P), Distt.- East Champaran At Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413, 414, 120B of the Indian Penal Code and Sections 25(1-a), (1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of motorcycles, mobiles and other incriminating articles from the possession of co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Ankit Kumar, which has

Patna High Court CR. MISC. No.86158 of 2023(2) dt.11-01-2024 2/2 got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Harsidhi P.S. Case No. 502 of 2023. (Sunil Kumar Panwar, J) Arish/- U T