Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5018 of 2023 Arising Out of PS. Case No.-462 Year-2022 Thana- JHAJHA District- Jamui ====================================================== 1.

Noor Mohammad Son Of Samsuddin Ansari Resident Of VillageBelabathan, P.S.- Sono, District- Jamui 2.

Sharwan Kumar Son Of Rajendra Ray Resident Of Village- Belabathan, P.S.- Sono, District- Jamui 3.

Jiyaul Ansari Son Of Nasruddin Ansari Resident Of Village- Lilabaran, P.S.- Simultalla, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-04-2023 1.

Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioners and the learned APP for the State.

3.

Petitioners seek regular bail in connection with Jhajha P.S. Case No. 462 of 2022 dated 30.10.2022 registered for the offences punishable under Sections 379, 411 and 414 of the Indian Penal Code.

4.

The main submissions advanced by learned counsel for petitioners are that as per the FIR the instant matter relates to

Patna High Court CR. MISC. No.5018 of 2023(2) dt.21-04-2023 2/2 theft of batteries installed at BSNL tower but no one claimed to have seen the petitioners removing the said battery from the said tower and mainly on account of petitioners being present in a particular vehicle from which the stolen batteries were recovered, they have been made accused and the petitioners have fair and clean antecedent and have been languishing in jail since 31.10.2022 and the maximum punishment for the alleged offence is three years and the same is triable by the Court of Judicial Magistrate.

5.

Learned APP for the State has opposed the bail prayer of the petitioners.

6.

Considering the above submissions, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Jhajha P.S. Case No. 462 of 2022. (Shailendra Singh, J) Shahnawaz/- U T