Allowed

Md. Shahjad Khan @ Shahjad Khan v. The State of Bihar

Patna HC26 Nov 2019CR. APP (SJ)/4594/2019

Case brief

AI extract

What is this about?

On an appeal for regular bail, the Patna High Court granted release to the appellant in a murder and rioting case. The court accepted counsel's submissions regarding the appellant's youth, discrepancies in FIRs, and the similar bail grants to co-accused. Bail was fixed at Rs. 15,000 with sureties subject to specific conditions.

What did the court decide?

Appellant released on bail bond of Rs. 15,000 with two sureties of like amount each, subject to conditions under Section 437(3) Cr.P.C.

Md. Shahjad Khan @ Shahjad Khan Vs The State of… — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4594 of 2019

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Arising Out of PS. Case No.-222 Year-2018 Thana- BARGAINIA District- Sitamarhi

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======================================================

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Md. Shahjad Khan @ Shahjad Khan, Son of Munna Khan, Resident of Village- Akhta Got, P.S.- Bairgania (Suppi), District- Sitamarhi through his father and natural guardian Munna Khan (male), aged about-48 Years, Son of Pir Khan, Resident of Village- Akhta Got, P.S.- Bairgania (Suppi), DistrictSitamarhi.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Pushpendra Kumar Singh For the Respondent/s : Mr.Abhay Kumar For the Informant : Mr. Ashhar Mustafa ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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4 26-11-2019

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Heard learned counsel for the appellant and learned counsel representing the State as well as learned counsel for the informant.

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The appellant, in the present appeal, is seeking regular bail in connection with Bairgania P.S. Case No.222 of 2018 registered for the offence punishable under Sections 147, 148, 149, 325, 323, 324, 307, 120(b), 34 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in this case by the informant with oblique motive. Learned counsel submits that on the alleged date of occurrence the appellant was 16 years and 5 months old

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Patna High Court CR. APP (SJ) No.4594 of 2019(4) dt.26-11-2019 2/3

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and in the two FIRs as contained in Annexure-1 and 3 there are differences in the prosecution story. It is also submitted that the similarly situated co-accused have been granted regular bail by a learned coordinate Bench of this Court vide Annexure-5 to the present appeal.

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Learned counsel for the State as well as learned counsel for the informant have opposed the prayer for bail.

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Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the appellant that on the alleged date of occurrence this appellant was 16 years and 5 months old, in the two FIRs as contained in Annexure-1 and 3 there are differences in the prosecution story and further that similarly situated accused have been granted regular bail by a learned coordinate Bench of this Court vide Annexure-5 to the present appeal on 01.04.2019 and that the appellant is in custody since 20.09.2018 and the fact that the similarly situated accused persons have been enlarged on bail has not been controverted by learned counsel for the informant and learned counsel for the State, let the appellant above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned District Judge-I, Sitamarhi-cum-Special Judge, (Children Court) Sitamarhi in connection with Bairgania P.S. Case No.222 of 2018,

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Patna High Court CR. APP (SJ) No.4594 of 2019(4) dt.26-11-2019 3/3

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subject to the condition as laid down under Section 437 (3) Cr.P.C.

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as under:

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(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

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(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

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(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

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(Rajeev Ranjan Prasad, J)

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arvind/-

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U T

Md. Shahjad Khan @ Shahjad Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Shahjad Khan @ Shahjad Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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