Dismissed

Md. Shakilur Rahman Khan @ Chhotan Khan v. The State of Bihar

Patna HC24 Jan 2023CR. MISC./26769/2022

Case brief

AI extract

What is this about?

This order dismissed a bail application filed by an accused apprehending arrest, holding it not maintainable because the petitioner was absconding, relying on Prem Shankar Prasad. The court directed removal of defects noted by the Stamp Reporter.

What did the court decide?

Application rejected as not maintainable; directed to remove defects within one month.

Md. Shakilur Rahman Khan @ Chhotan Khan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26769 of 2022

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Arising Out of PS. Case No.-208 Year-2017 Thana- NASRIGANJ District- Rohtas

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

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MD. SHAKILUR RAHMAN KHAN @ CHHOTAN KHAN S/o Md. Mujibur Rahman Khan Resident of Ward No. 03, Bihiya Road Ashok Cinema Hall Near Bhagalpur, P.S.- Piro, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 24-01-2023

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Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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The petitioner apprehends his arrest for the offences alleged under Sections 364 of the Indian Penal Code registered in connection with Nasriganj P.S. Case No.208 of 2017.

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As per allegation, some unknown persons came by Scorpio and kidnapped the brother of the informant.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and on similar footing co-accused persons have been granted regular bail.

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On the other hand, learned APP has submitted that the case was registered in the year 2017. The petitioner remained

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Patna High Court CR. MISC. No.26769 of 2022(4) dt.24-01-2023 2/2

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absconding and process under Sections 82 & 83 of the Cr.P.C. have been issue against him.

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In view of the recent decision in the case of Prem Shankar Prasad vs. State of Bihar and Another (2021 SCC online SC 955) , this application is not maintainable and the same is rejected.

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Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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SONALI/-

Md. Shakilur Rahman Khan @ Chhotan Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Shakilur Rahman Khan @ Chhotan Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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