Allowed

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

Patna HC7 Jul 2022CR. MISC./13007/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a murder case involving suspicion based on a land dispute. The court noted the petitioner's custody duration prior to charge sheets and other co-accused having been granted bail.

What did the court decide?

Petitioner granted bail by furnishing bonds of Rs.10,000 with two sureties of the same amount to satisfy the Chief Judicial Magistrate, Bhagalpur.

Afroj Khan @ Md. Afroj Khan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13007 of 2022

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Arising Out of PS. Case No.-521 Year-2018 Thana- KAHALGAON District- Bhagalpur

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

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Afroj Khan @ Md. Afroj Khan S/o Zabbar Khan R/o village- Chhoti Karikado, P.S.- Kahalgaon (Shivnarayanpur), District- Bhagalpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 07-07-2022

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks regular bail in connection with KAHALGAON (Shivnarayanpur) P.S. Case No. 521 of 2018 (District Bhagalpur), lodged under Sections 302, 120-B of Indian Penal Code and Section 27 of the Arms Act.

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As per the allegation made in the F.I.R. the informant has intimated that in the morning of 15.08.2018 when his mother reached at cow shed then found that his father died due to gun shot and present case was filed against 11 named accused including the present petitioner, on suspicion.

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Learned counsel for the petitioner submits that the name of the petitioner has figured in this case only and only on the basis of suspicion due to so called land dispute, whereas

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Patna High Court CR. MISC. No.13007 of 2022(2) dt.07-07-2022 2/3

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from the FIR itself it transpires that petitioner has purchased this land in the year 2013 itself. He further submits that present petitioner is in custody since 30.11.2021, charge sheet has already been filed and other co-accused persons were granted bail which transpires from (Annexure-2).

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Learned counsel for the State opposes the prayer for bail and submits that it is a case of substantial evidence, therefore, bail may not be granted.

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Considering the facts and circumstances of this case that name of the petitioner along with other co-accused has figured in this case on the basis of suspicion and there is no direct evidence as well as other co-accused has been granted bail by the Co-ordinate Bench of this Court (Annexure-2). Petitioner is in custody since 30.11.2021 and charge sheet has already been filed, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur or successor court in connection with Kahalgaon (Shivnarayanpur) P.S. Case No.521 of 2018, subject to the condition as laid down under Section 437(3) of Cr.P.C..

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The petitioner shall appear on each and every date

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Patna High Court CR. MISC. No.13007 of 2022(2) dt.07-07-2022 3/3

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fixed by the trial court in this case, non-appearance for two consecutive dates shall be resulted into cancellation of his bail

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bond.

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Accordingly, the bail application stands allowed.

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(Dr. Anshuman, J.)

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ravishankar/-

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U T

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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