Adil Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.126 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Adil Khan Son of Md. Enul Khan @ Md Enul Khan Resident of Village Angara, P.O. and P.S.- Dobhi, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Jubair Ansari For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 387, 386, 427, 379/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, informant with his 3-4 associates were engaged in construction work in the meantime 20-25 accused persons, laced with arms, came there and demanded Rs. 2 lac from the informant. On refusal, they fired 8-10 rounds and also damaged the construction work by JCB machine and snatched Rs. 20,000/- from the informant and fled away.
Patna High Court CR. MISC. No.126 of 2024(2) dt.12-01-2024 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has not been put on TIP. Only on the basis of suspicion, he has been implicated in the present case. No one has received gunshot injury in the alleged occurrence. No incriminating article has been recovered from his possession. During investigation, no consistent evidence has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail this Court vide order dated 6.12.2023 passed in Cr. Misc. No. 77355 of 2023. Petitioner is in custody since 26.7.2023.
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, 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 ACJM 1st, Sherghati, Gaya in connection with
Patna High Court CR. MISC. No.126 of 2024(2) dt.12-01-2024 3/3 Sherghati (Dobhi) P.S. Case No. 227 of 2023.
(Sunil Kumar Panwar, J) sushma2203/- U