Patna High CourtCR. MISC./15549/2025dismissed

Sito Sah @ Shitu Sah v. The State Of Bihar

2025-07-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15549 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Sito Sah @ Shitu Sah S/O Jagdish Sah R/o - Patarghat, Ward No.7, P.S - Sour Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-07-2025 Heard learned counsel for the parties.

2. The following order was passed on 26.06.2024:- "Heard learned counsel for the petitioner and learned APP for the State Shri Shyam Kumar Singh.

2. The petitioner seeks bail in connection with Puraini P.S. Case No. 63 of 2024 registered for the offence under Sections 356, 379, 511 of the Indian Penal Code.

3. As per the prosecution case, the petitioner has been caught red-handed while snatching a Motorcycle.

4. The petitioner is in jail since 19.03.2024 and he has criminal antecedent also.

5. Considering the fact that the petitioner was caught red-handed which snatching the motorcycle, this Court is not

Patna High Court CR. MISC. No.15549 of 2025(4) dt.11-07-2025 2/3 inclined to grant bail to the petitioner.

6. Accordingly, this application is dismissed.

7. During hearing of the case, it has come to the notice of this Court that this case has been registered under Sections 356, 379, 511 of Indian Penal Code and not under Section 392 or more serious Sections of the Indian Penal Code.

8. In view of the above, the Superintendent of Police, Madhepura is directed to examine the matter himself and if he finds that the offence should have been registered under more serious Sections of the Indian Penal Code then he should direct the officer concerned to act accordingly.

9. Let a copy of this order be communicated to the Superintendent of Police, Madhepura through FAX for its compliance."

3. From the report of the Trial Court, it appears that the charge has been framed on 25.02.2025 and no witness has been examined till date.

4. In these circumstances, this application is dismissed.

5. The Superintendent of Police, Madhepura is directed to ensure the appearance of the witnesses in the trial since the petitioner was caught red handed while snatching the

Patna High Court CR. MISC. No.15549 of 2025(4) dt.11-07-2025 3/3 motorcycle.

6. Let a copy of this order be communicated to the Superintendent of Police, Madhepura through FAX for its compliance (Sandeep Kumar, J) Ranjeet/- U T