Aslam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9922 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- DARPA District- East Champaran ====================================================== Aslam Khan Son of Garib Khan R/o vill - Nakardehi, P.S. - Sugauli, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Darpa P.S. Case No. 157 of 2023 registered on 24.12.2023 lodged under Sections 461, 379, 411 and 414 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons against whom there is an allegation that they have committed robbery in the shop of the informant and stolen articles like Mobile Phones, Battery, Charger etc.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 25.12.2023 having no criminal case pending against him. He further submits that seizure list has been attached and upon perusal of the seizure list, one old mobile phone, one Charger and Battery has been recovered. Counsel

Patna High Court CR. MISC. No.9922 of 2024(3) dt.16-04-2024 2/2 submits that no T.I.P. has been conducted.

5. Learned counsel for the State opposes the prayer for bail and submits that there is no need of petitioner putting on T.I.P. as they are named in the F.I.R. and some material subject to theft has also been recovered.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail two months after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Darpa P.S. Case No. 157 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U