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Patna High CourtCR. MISC./2547/2023allowed

Mumtaz Shah v. The State Of Bihar

2023-04-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2547 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== MUMTAZ SHAH SON OF LATE MODIN SHAH R/O VILL.- DULRA, P.S.- CHERKI, DISTT.- GAYA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 379, 411 and 414 of the Indian Penal Code, registered in connection with Railway Patna Gaya P.S.Case No. 303 of 2022.

There is allegation that the petitioner committed theft of mobile set of the informant.

The learned counsel for the petitioner has submitted he is in custody for about nine months.

On the other hand, learned APP has opposed the prayer for bail.

Considering the facts and circumstances and keeping in view the period of custody of the petitioner for about nine months, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.2547 of 2023(2) dt.06-04-2023 2/2 Railway Judicial Magistrate, Gaya in connection with Railway Patna Gaya P.S.Case No. 303 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial, and if he fails to appear on two consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in (Nawneet Kumar Pandey, J) HR/- U T