Md. Sahahbaj @ Md. Sahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13264 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Md. Sahahbaj @ Md. Sahbaj (M), aged about 23 years, Son of Md. Jasim, Resident of Village- Pathan Chauk, Jamui, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sikandra P.S. Case No.267 of 2023 registered for the offence under Sections 379 and 461 of the Indian Penal Code.

3. As per the prosecution case, it is a case of theft of 150 pcs. of mobile as well as Rs.20,000/ cash of the informant. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner is neither named in the FIR nor any suspicion raised against him. He next submits that the name of the petitioner came in this case after his arrest

Patna High Court CR. MISC. No.13264 of 2024(2) dt.11-03-2024 2/3 in another case bearing Khaira P.S. Case No. 374 of 2023 wherein police arrested four persons including the petitioner along with 62 mobile phones. Petitioner in custody in connection with 10.08.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Sikandra P.S. Case No.267 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Diwakar Kumar, Judicial Magistrate, Ist Class, Jamui.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.13264 of 2024(2) dt.11-03-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T