IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3875 of 2025 Arising Out of PS. Case No.-171 Year-2022 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Chotan Khan S/o Mujubur Rahman @ Muzurburehman Khan @ Muzurburehman R/o vill - Bhagalpur, P.S. - Piro, Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Adv For the Opposite Party/s : Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 5 15-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Agiaon Bazar P.S. Case No. 171 of 2022 registered for the offences punishable u/s 442, 120(B), 341, 504 and 506 read with Section 34 of the I.P.C. and Section 25(1-b) a, 26 and 35 of the Arms Act. 3. As per the prosecution case, the informant received information that there was a weeping sound coming out of an abandoned house of the co-accused Anshu Tiwary. The informant reached the said place for the verification of the said information, where they found one Jairam Kharwar who was armed with a pistol and one person was rescued who was identified as Amit Kumar. It is further alleged that the Patna High Court CR. MISC. No.3875 of 2025(5) dt.15-05-2025 2/3 apprehended person disclosed the name of few other accomplice including the petitioner. The allegation against the petitioner is that he supplied the pistol with ammunition to the co-accused persons to keep an eye on Amit kumar. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the confessional statement of the co-accused Jairam Kharwar, who stated that it was the petitioner who has supplied the arms to keep an eye on the kidnapped victim (Amit Kumar). It is next submitted that there is no incriminating material to connect the petitioner with the present case. It is next submitted that the rescued victim, namely, Amit kumar, also did not name the petitioner nor had identified him. It is lastly submitted that the petitioner has clean criminal antecedents and is in custody since 08.07.2024. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid submissions of the parties and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail- bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties Patna High Court CR. MISC. No.3875 of 2025(5) dt.15-05-2025 3/3 of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara, in connection with Agiaon Bazar P.S. Case No. 171 of 2022, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 7. The application stands allowed. Jyoti/- (Sourendra Pandey, J) U T