Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12165 of 2024 Arising Out of PS. Case No.-535 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Md. Shahid Son of Md Nasim Mansoori Resident of Village- Narayanpur, Ward No. 2, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Dumra P.S. Case No.535 of 2023 registered for the offence under Sections 413 and 414 of the Indian Penal Code . 3.

Allegation against the petitioner is to have in possession of stolen motorcycle bearing registration no. DL4BX 7650.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovered motorcycle belongs to his friend and the same was not stolen. It is submitted that seizure list appears doubtful being not

Patna High Court CR. MISC. No.12165 of 2024(2) dt.06-03-2024 2/3 supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 10.11.2023.

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 and period of custody, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Dumra P.S. Case No.535 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 learned Chief Judicial Magistrate, Sitamarhi.

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 framing of charge. Further, if the petitioner shall not appear

Patna High Court CR. MISC. No.12165 of 2024(2) dt.06-03-2024 3/3 before the learned trial court for two consecutive dates without valid reason, the bail bonds of the petitioner shall be cancelled by the learned Trial Court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T