Allowed¶21

Md. Obes Khan @ Md. Obaish Khan v. The State of Bihar

Patna HC15 Feb 2024CR. MISC./6499/2024

Case brief

AI extract

What is this about?

Bail granted on parity and period of custody; firing incident on accused persons in police escort after court production; petitioner unnamed in FIR, traced via CDR and cell tower location; no overt act or recovery; co-accused already bailed by co-ordinate Benches; IPC Sections 324, 326, 307, 120B, 34; Arms Act Sections 25(1-b)a, 26, 27, 35; Samastipur Town P.S. Case No. 227 of 2023; CR. MISC. No.6499 of 2024; Patna High Court; Justice Rudra Prakash Mishra; custody since 01.09.2023; bail bond Rs.10,000/-.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Samastipur Town P.S. case No. 227 of 2023. ¶21

Md. Obes Khan @ Md. Obaish Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner — not named in the FIR and whose name surfaced during investigation on the basis of CDR and cell tower location, with no specific overt act or recovery alleged against him — is entitled to bail in Samastipur Town P.S. Case No. 227 of 2023 on grounds of parity with co-accused already released and the period of custody undergone.

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Court's answer

Considering the facts and circumstances of the case, the claim based on parity and the period of custody undergone by the petitioner, the Court is inclined to grant bail.

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Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below in connection with Samastipur Town P.S. case No. 227 of 2023.

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Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), Criminal Miscellaneous No. 6499 of 2024, order dated 15-02-2024: bail granted to Md. Obes Khan @ Md. Obaish Khan in Samastipur Town P.S. Case No. 227 of 2023, instituted under Sections 324, 326, 307, 120B, 34 IPC and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act, arising out of an allegation that miscreants fired at accused persons while they were being brought back after court production, injuring two of them. Per counsel, the petitioner was not named in the FIR and his name surfaced during investigation on the basis of CDR and cell tower location; no specific overt act or recovery was attributed to him. Four co-accused had already been granted bail by co-ordinate Benches. The petitioner, in custody since 01.09.2023 with no criminal antecedent, was released on bail on grounds of parity and custody period, on furnishing bonds of Rs. 10,000/- with two like sureties.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6499 of 2024

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Arising Out of PS. Case No.-227 Year-2023 Thana- SAMASTIPUR District- Samastipur

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

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MD. OBES KHAN @ MD. OBAISH KHAN S/o Abdul Quiyum Khan R/o Village-Akhtiyarpur (Chandauli), P.S.-Waini O.P., Dist.-Shamsipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 15-02-2024

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

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The petitioner seeks bail in connection with Samastipur Town P.S. case No. 227 of 2023, instituted for the offences under Sections 324, 326, 307, 120B, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

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Prosecution case, in short, is that accused persons of different cases were being brought for production in the Court and during the course of returning, some miscreants started firing which hit two of the accused persons, as a result they sustained injuries.

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Learned counsel for the petitioner submitted that

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Patna High Court CR. MISC. No.6499 of 2024(2) dt.15-02-2024 2/3

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petitioner has falsely been implicated in the present case merely on suspicion. Petitioner is not named in the FIR, however, the name of the petitioner surfaced during investigation on the basis of CDR and cell tower location. Learned counsel further submitted that no specific overt act is alleged against the petitioner. Nothing incriminating has been recovered from the possession of the petitioner. Learned counsel further submitted that co-accused persons Ram Babu Rai, Raj Kumar Mahto, Aman Kumar and Md. Irshad Alam have already been granted bail vide Cr. Misc. No. 75383 of 2023, Cr. Misc. No. 80687 of 2023, Cr. Misc. No. 84512 of 2023 and Cr. Misc. No. 82970 of 2023 respectively by the co-ordinate Benches of this Court. Petitioner is in custody since 01.09.2023 and has no criminal antecedent as per paragraph-3 of the bail application.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

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Patna High Court CR. MISC. No.6499 of 2024(2) dt.15-02-2024 3/3

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the like amount each to the satisfaction of Court below/concerned Court in connection with Samastipur Town P.S. case No. 227 of 2023.

¶24

(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Md. Obes Khan @ Md. Obaish Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Obes Khan @ Md. Obaish Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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