Md. Kyash Khan @ Khushal Khan @ Md. Kyam Khan v. The State of Bihar
CR. MISC./47170/2024 · 2025-02-28
Ramesh Chand Malviya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54874 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54874 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45805 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Md. Imran @ Lalu Son of Md. Habib R/O Mohalla- Dargah Road, Near Karbala Mosque, P.S.- Sultanganj, Dist.- Patna ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47170 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Md. Kyash Khan @ Khushal Khan @ Md. Kyam Khan Son Of Md. Habib Village- Dargah Road, Near Karbala Mosque, Ps- Sultanganj, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86783 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Md. Kaish Son of Md. Riyaz Resident of village- Pakki Goraiya Jhauganj, P.S- Khajekalan, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 738 of 2025 Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Md. Ejaj @ Md. Ejajuddin @ Ejajuddin @ Md. Ejaz @ Md. Ajazuddin S/o Late Jalaluddin Resident of Mohalla- Bans Kothi, Gate No. 97, P.S. Digha, District- Patna, ... ... Petitioner/s Versus The State of Bihar
Patna High Court CR. MISC. No.45805 of 2024(4) dt.28-02-2025 2/4 ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45805 of 2024) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 47170 of 2024) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 86783 of 2024) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP (In CRIMINAL MISCELLANEOUS No. 738 of 2025) For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Suman Kumari Singh, APP For the Informant : Mr. Ratnakar Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 4 28-02-2025 Heard learned counsel for the petitioners, learned counsel for the informant, learned APP for the State and perused the case diary.
2. The petitioners seek bail in a case registered for the offence under Sections 326, 307, 120(B) and 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, four unknown persons hired by the named accused persons came on two motorcycles and shot the brother of the informant who later on died. It is further alleged that contract killers were hired to kill the brother of the informant.
4. Learned counsel for the petitioners submits that petitioners has falsely been implicated in this case. Petitioners are not named in the FIR and the informant is not an eye witness
Patna High Court CR. MISC. No.45805 of 2024(4) dt.28-02-2025 3/4 of the alleged occurrence and they have no concern with the alleged occurrence and nothing incriminating article has been recovered from their conscious possession of the petitioners. The name of the petitioners appeared from confessional statement of co-accused persons. Similarly situated co-accused persons have already been granted bail by this court in Cr. Misc. Nos. 6309 of 2024, 14021 of 2024, 16808 of 2024, 7820 of 2024, 6915 of 2024 and 22527 of 2024. He next submits that the arms which were found with the petitioners were not used in the present case and neither were the arms related to the present case in any way. Petitioners are in custody since 11.09.2023, 11.09.2023, 10.09.2024 and 06.09.2024.
5. Learned APP appearing for the State as well as
learned counsel for the Informant opposes the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case as also the fact that several other co-accused persons have already been granted bail, let the petitioners, above named, be
directed to be released on bail in connection with Patliputra P.S. Case No.632 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of ACJM-X, Patna/concerned
Patna High Court CR. MISC. No.45805 of 2024(4) dt.28-02-2025 4/4 Court, subject to the condition that petitioners shall appear before the trial Court on each and every date fixed by the learned trial Court till conclusion of the trial.
Brajesh Kumar/- (Ramesh Chand Malviya, J) U T