Dismissed¶19

Raish Khan @ MD Raish Khan v. The State of Bihar

Patna HC7 Feb 2024CR. MISC./72406/2023

Case brief

AI extract

What is this about?

Bail rejected; regular bail; habitual criminal; 48 criminal antecedents; heinous offences; firing on informant; informant died; Siswan P.S. Case No. 32 of 2023; Siwan; Sections 341, 323, 307, 504, 506, 34 IPC; Section 27 Arms Act; Section 302 IPC added later; surrender 19.05.2023; Patna High Court; Criminal Miscellaneous No.72406 of 2023; Sunil Dutta Mishra J; 07-02-2024.

What did the court decide?

Considering the facts and circumstances of the case, the nature of the allegation against the petitioner and his 48 criminal antecedents, the Court declined to grant bail. ¶19

Raish Khan @ MD Raish Khan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72406 of 2023

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Arising Out of PS. Case No.-32 Year-2023 Thana- SISWAN District- Siwan

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

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Raish Khan @ Md Raish Khan Son Of Late Kamrul Khan @ Md. Kamrul Khan Resident Of Village- Gayaspur, P.S.- Siswan, Dist- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 07-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks regular bail in connection with

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Siswan P.S. Case No. 32 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 302 of the Indian Penal Code also added later on.

¶14

As per the prosecution case, allegation against the petitioner is that he along with other co-accused persons indiscriminately fired upon the informant causing grievous injury to the informant who during the treatment died in the hospital.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.72406 of 2023(3) dt.07-02-2024 2/2

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petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner himself surrender in the Court Below on 19.05.2023 and there is no material against the petitioner. He also submits that the petitioner was not present at the place of occurrence and due to village politics he has been implicated in this case.

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Learned APP for the State has opposed the prayer for regular bail of the petitioner submitting that the petitioner has criminal antecedent of 48 cases which includes heinous crimes also and he is a habitual criminal.

¶19

Considering the facts and circumstances of the case, nature of allegation against the petitioner and the 48 criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is, accordingly, rejected.

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(Sunil Dutta Mishra, J)

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ashishkr/-

¶22

U T

Raish Khan @ MD Raish Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raish Khan @ MD Raish Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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