Allowed

Shaheb Jama Khan @ Pathan v. The State of Bihar

Patna HC16 May 2023CR. MISC./4172/2023

Case brief

AI extract

What is this about?

In bail proceedings involving multiple serious offences including attempted murder and kidnapping, the Court allowed the petitioner to be enlarged on bail upon furnishing a bond and two sureties, subject to conditions regarding attendance, tampering with evidence, and repeat offences.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of equal amount to the learned ACJMII, Kaimur at Bhabua.

Shaheb Jama Khan @ Pathan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4172 of 2023

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Arising Out of PS. Case No.-234 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua)

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

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SHAHEB JAMA KHAN @ PATHAN S/o Alamgir Khan R/o Village- Bari Takiya, P.S.- Chainpur, Distt- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Ram Sevak Choudhary

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

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 16-05-2023

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Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the informant and learned APP for the State.

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The petitioner has prayed for bail in a case instituted for the offence under Section 341, 323, 307, 504, 506, 364, 511 of the Indian Penal Code.

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As per allegation in the FIR, the petitioner along with other co-accused persons intercepted the informant and forcible tried to kidnap him but any how succeeded to get him free from their custody and started fleeing away upon which the petitioner opened fire which hit the leg of the informant. On gathering of local people accused persons including the petitioner managed to escape.

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It is submitted by learned counsel for the petitioner

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Patna High Court CR. MISC. No.4172 of 2023(4) dt.16-05-2023 2/3

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that petitioner has been falsely implicated in this case. As per injury report, informant has received simple injury. Both the parties on litigating term and there is old enmity since long. Petitioner is languishing in judicial custody since 10.10.2022.

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The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted petitioner has criminal antecedent in many cases.

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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 ACJMII, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 234 of 2022 with following conditions:-

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(1) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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Patna High Court CR. MISC. No.4172 of 2023(4) dt.16-05-2023 3/3

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(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the court below.

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(Sunil Kumar Panwar, J)

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sushma/-

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Shaheb Jama Khan @ Pathan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shaheb Jama Khan @ Pathan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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