Dara Khan Vs the State of Bihar

2. The petitioner has preferred this application for grant of regular bail in connection with Amas P.S. Case No. 341 of 2023 dated 27.09.2023 registered for the offences punishable under Sections 302, 120B of the I.P.C. and Section 27 of the Arms Act.

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3. As per the prosecution case, As per the prosecution case, on 27.09.2023 at about 9.30 A.M., the informant, his father and brother were cutting their hair at Karu Hair Cutting Saloon. In the meantime, three persons came on two motorcycles and called the father of the informant. The informant also came out

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Patna High Court CR. MISC. No.30075 of 2024(3) dt.20-07-2024 2/3

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from the saloon and saw that the said persons were giving threatening to his father and said to compromise with Marandi Jee, Manoj Yadav and Shashi Singh. It is further alleged that they tried to obtain signature of his father but he refused to put his signature. It is further alleged that one of them opened fire on the back of the informant’s father, as a result of which, he fell down, thereafter, others also fired on the head and his father died on the spot. The informant and other persons run towards the culprits but they succeeded to flee away by one motorcycle. The informant believed that due to land dispute, Binod Kumar @ Marandi, Manoj Yadav, Praveen Kumar Yadav, Shashi Singh, Shashi Bhushan, Rashid Kalal and Pramod Kumar Mishra in conspiracy to each other committed murder of his father.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Gaurav Kumar. The other co-accused person has already been granted bail by this court vide order dated 09.05.2024 passed in Cr. Misc. No. 33533/2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition.

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Patna High Court CR. MISC. No.30075 of 2024(3) dt.20-07-2024 3/3

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The petitioner is in custody since 30.09.2023.

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5. Learned A.P.P. for the State has vehemently

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opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghatti, Gaya in connection with Amas P.S. Case No. 341 of 2023 , with the condition ;-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Dara Khan v. the State of Bihar

Case brief

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Dara Khan v. the State of Bihar

Case brief

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