Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24190 of 2022 Arising Out of PS. Case No.-792 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MD. SADDAM S/o Md. Gulam Nabi Resident of Chamelichak, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Kotwali (Tilka Manjhi) P.S. Case No. 792 of 2020 bearing G.R. No. 4961 of 2020, registered for the offence punishable under Sections 413 and 414/ 34 of the Indian Penal Code.

The informant along with his police force was on petrolling duty on 17.12.2020 at about 11:30 hours and vehicles were being checked, whereupon it was seen that one person was trying to flee away, however, on chase, he was

Patna High Court CR. MISC. No.24190 of 2022(4) dt.19-01-2023 2/3 caught and upon enquiry, he disclosed his name as Md. Saddam i.e. the petitioner herein, but upon being asked to produce the registration papers of the motorcycle in question, he could not do so and instead he disclosed that he had stolen the said motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 18.12.2020. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in four other cases, but he is on bail in all the said four cases.

Per contra, the learned APP for the State has submitted that the petitioner is a habitual offender, hence, he does not deserve the privilege of bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials

Patna High Court CR. MISC. No.24190 of 2022(4) dt.19-01-2023 3/3 on record as also considering the fact that the petitioner has engaged in theft of motorcycles and appears to be a veteran criminal, inasmuch as he is an accused in four other criminal cases, I am not inclined to grant bail to the petitioner herein, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T