Patna High CourtCR. MISC./19774/2024bail rejected

Md. Saddam v. The State Of Bihr

2024-04-03Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19774 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Md. Saddam S/O- Md. Haroon @ Md. Nathuni R/O- Village- Ojhaul Shahpur, P.S.- Bahadurpur, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Town Police Station Darbhanga Case No. 241 of 2023 from the Court of learned Chief Judicial Magistrate, Darbhanga registered for the offences punishable under Sections 401/379/411 of the Indian Penal Code.

3. As per allegation in the FIR, Petitioner was caught red handed after stealing the motorcycle of the informant. On search Master Key and mobile were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next

Patna High Court CR. MISC. No.19774 of 2024(2) dt.03-04-2024 2/2 submitted that petitioner is arrested on the spot of occurrence. It is also submitted that petitioner is in judicial custody since 10.08.2023 and petitioner has got nine criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation as regard to theft of motorcycle petitioner was arrested on the spot and on perusal of the bail petition it appears petitioner is a habitual offender and he has nine criminal antecedents which are in same nature. This Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer of regular bail of the petitioner is hereby rejected. However, the trial court is directed to conclude trial within a period of six month from the copy of the receipt of this order if the trial is not concluded within the stipulated period then the petitioner may renew his prayer of bail before the trial court and the trial court shall grant bail to the petitioner. (Ramesh Chand Malviya, J) Mayank/- U T