IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23335 of 2025 Arising Out of PS. Case No.-446 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sahbaz Khan @ Sahban Khan S/O Late Timal Khan R/O- Maharajganj, Hamid Nagar, Ward no. 16, P.S- Maharajganj, Distt- Maharajganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Ranjan For the Opposite Party/s : Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 316(2), 318(4), 126, 115(2), 111, 303(2), 61(2), 127(1) of the Bharatiya Nyaya Sanhita. 3. As per allegation in the FIR, informant is a resident of U.P. and deals in the business of exchange of damaged notes. On the alleged date of occurrence, 10 FIR named persons and 7- 8 un-named persons entered into the house of the informant and assaulted him and his brother and snatched a bag containing fresh notes of Rs. 12 lakh and one gold chain and fled away. 4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is a Patna High Court CR. MISC. No.23335 of 2025(2) dt.28-04-2025 2/3 delay of three days in lodging in the FIR, which creates doubt in authenticity of the prosecution story. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.01.2025 passed in Cr. Misc. No. 83945 of 2024. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 18.08.2024. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Motihari in connection with Harsidhi P.S. Case No. 446 of 2024 with following conditions: (i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two Patna High Court CR. MISC. No.23335 of 2025(2) dt.28-04-2025 3/3 consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court. (iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution may be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. sushma/- (S. B. Pd. Singh, J) U