Sheikh Daroga @ Sk Daroga @ Md. Nasir Jamsed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22370 of 2024 Arising Out of PS. Case No.-974 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sheikh Daroga @ Sk Daroga @ Md. Nasir Jamsed S/O- Sk Iliyas @ Sheikh Iliyas @ Shekh Aliyas R/O- Village- Mushahari Tola, Ianerwa, P.S.- Banjariya, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== 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 Turkauliya (Banjariya) P.S Case No. 974 of 2022 registered for the offences punishable under Sections 413/414 of the I.P.C.

3. As per prosecution case, petitioner along with co-accused have alleged to have stolen the motorycle.

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

Patna High Court CR. MISC. No.22370 of 2024(2) dt.03-04-2024 2/3 is further submitted that petitioner is not named in the FIR his name surface from the confessional statement of the co-accused. It is next submitted that one of the coaccused has already granted bail by the Co-ordinate Bench of this Court vide order dated 19.05.2023 passed in Cr. Misc. No. 9059 of 2023. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 06.01.2024.

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

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Motihari / concern Court, Motihari, East Champaran in connection with

Patna High Court CR. MISC. No.22370 of 2024(2) dt.03-04-2024 3/3 Turkauliya (Banjariya) P.S Case No. 974 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T