Sharif Khan v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4392 of 2024 Arising Out of PS. Case No.-839 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Sharif Khan S/O MD SALIM KHAN @ SALIM KHAN RESIDENT OF VILLAGE- BANTARA, PS- DEVKUND, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s
Versus
STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4548 of 2024 Arising Out of PS. Case No.-839 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Lilly @ Payal Rahul Kumar Resident at Gulzarbagh, Shimla, P.S. And District Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 4392 of 2024) For the Petitioner/s :
Mr. Umakant Mishra, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 4548 of 2024) For the Petitioner/s :
Mr. Umakant Mishra, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-02-2024 Heard the parties.
2. The petitioners are in custody in connection with Agamkuan P.S. Case No. 839 of 2023 for the offence punishable under section 413, 414, 465, 467, 468, 471 of the Indian Penal Code and 25(1-b)a, 26, 35 of Arms Act lodged on 27.08.2023 by the informant, Usha Singh.
3. As per the prosecution story, the police intercepted a Ford vehicle and from the passengers, pistol, live cartridges, mobile phones as also Aadhar Cards recovered/seized.
Patna High Court CR. MISC. No.4392 of 2024(2) dt.05-02-2024 2/3 Accordingly, the FIR.
4. Learned counsel for the petitioners submit that so far as the petitioner, Sharif Khan is concerned, there is recovery of Samsung mobile and Aadhar of his staff. In the case of Lily @ Payal, again the recovery is of mobile, her Aadhar card and the 'Dupatta' as also mask.
5. The further submission is that nothing incriminating has been recovered from both of them, they were passengers and the on the request of their friend, had come to visit Patna, got implicated, both of them are in custody since 28.08.2023 and do not have criminal antecedent.
6. Learned APP opposes the prayer for bail stating that in the vehicle, incriminating document including pistol and cartridges have been recovered and they were sitting inside the said vehicle.
7. Though, there is recovery of pistol and cartridges, so far as these petitioners are concerned, recovery have been shown to be mobile as also Aadhar Cards, do not have criminal antecedent, this Court is inclined to extend them the privilege of bail with conditions.
8. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
Patna High Court CR. MISC. No.4392 of 2024(2) dt.05-02-2024 3/3 two sureties of like amount each to the satisfaction of learned ACJM, IV, Patna City, in connection with Agamkuan P.S. Case No. 839 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
9. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) kiran/- U T