Patna High Court - Orders
Ramnawaj Khan @ Raju @ Md. Anwar Hussain vs The State Of Bihar on 27 April, 2018
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22350 of 2018
Arising Out of PS.Case No. -183 Year- 2012 Thana -BIKRAMGANJ District- SASARAM
(ROHTAS)
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Ramnawaj Khan @ Raju @ Md. Anwar Hussain, S/o IItaf Hussain , R/o
Vill.- Bikramganj, P.S.- Bikramganj, District- Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Rakesh Ranjan, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 27-04-2018Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Bikramganj P.S. Case No. 183 of 2012 registered under Sections 147, 148, 149, 160, 341, 232, 342, 337, 338, 426, 114, 116, 186, 353, 307 of the Indian Penal Code and Section 3(2)(c) of the Public Property Act, 1984.
It is submitted by the learned counsel for the petitioner that co-accused Md. Uttam Kashyap @ Uttam Singh, Md. Saddam Khan and Mote Khan having identical allegation Patna High Court Cr.M isc. No.22350 of 2018 (2) dt.27-04-2018 2 have already been granted pre-arrest bail vide orders dated 11.09.2012 and 16.05.2013 passed in Cr. Misc. Nos. 33271 of 2012 and 17428 of 2013 respectively. It is further contended that the petitioner is apprehending his arrest on mistaken identification. His name is Md. Anwar Hussain and he is son of Md. Itaf Hussain and his nick name is Raju. Since one of the accused namely Ramnawaj Khan also bears nick name as Raju, the police upon wrong identification without proper verification are chasing the petitioner.
Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. However, he admitted that co-accused Md. Uttam Kashyap @ Uttam Singh, Md. Saddam Khan and Mote Khan have already been granted pre-arrest bail by a Bench of this Court.
Considering the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 183 of 2012 subject to the conditions Patna High Court Cr.M isc. No.22350 of 2018 (2) dt.27-04-2018 3 as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/-
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