Sakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12842 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Sakir S/O Dina Resident of village- Bilang, P.S.- Kaman, Dist.- Bharatpur, Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N A Shamsi For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-07-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sasaram (M) P.S. Case No. 294 of 2024 registered for the offence under Sections 317(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The petitioner is accused of committing theft of informant's Hyva. He is in custody since 06.07.2024.

4. Earlier the bail application of the petitioner was allowed vide Cr. Misc. No. 64324 of 2024 dated 01.10.2024 with a condition that the assertion about clean antecedent shall be verified by the Court below at the time of accepting the bail bonds of the petitioner.

5. Mr. Shamsi, learned counsel for the petitioner has

Patna High Court CR. MISC. No.12842 of 2025(3) dt.04-07-2025 2/3 submitted that the earlier advocate of the petitioner had not taken instruction from the petitioner properly and had stated that the petitioner has clean antecedent. He further submits that the petitioner has antecedents and because of that, the bail bonds of the petitioner has not been accepted.

6. Considering the facts and circumstances of the case as well as the submission of the learned counsel for the petitioner, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/concerned Court below in connection with Sasaram (M) P.S. Case No. 294 of 2024 subject to condition that:- (i).

The petitioner will mark his attendance at the Kaman Police Station, DistBharatpur, State-Rajasthan on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(ii) Both the bailors will be family members of the petitioner. The Court below will not insist on local bailors but family members of the petitioner.

(iii). The petitioner will appear on each and every date in the Court below till the framing of charge, if the charge has not been framed. After framing of charge, he will appear personally or

Patna High Court CR. MISC. No.12842 of 2025(3) dt.04-07-2025 3/3 through his lawyer on each and every date fixed by the Court below and he will cooperate in the trial.

8. Let a copy of this order be communicated to the Superintendent of Police, Bharatpur, Rajasthan through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U