Shahnawaj Mian @ Sahnaj Mian @ Shahnaj Sheikh @ Shahnawaj Parwej v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32711 of 2021 Arising Out of PS. Case No.-717 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== SHAHNAWAJ MIAN @ SAHNAJ MIAN @ SHAHNAJ SHEIKH @ SHAHNAWAJ PARWEJ Son of Parwej Alam @ Tuntun Resident of VillageBela Sheikhtoli, Ward No.09, P.S.- Ramgarhwa, District- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Bettiah (M) P.S. Case No. 717 of 2020 instituted for the offence under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.01.2021 and charge-sheet has been submitted in this case.
The allegation as alleged in the FIR is that the informant parked his Scorpio vehicle in the night of 11.11.2020 in front of his rented house and went to take rest. On 12.11.2020, at about 07:30 A.M., he woke up but he did not find
Patna High Court CR. MISC. No.32711 of 2021(2) dt.10-01-2022 2/3 his vehicle. The informant inquired into the matter from the local people and came to know that his vehicle was stolen. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and nothing has been recovered from the possession of the petitioner. Name of the petitioner has been transpired during course of investigation.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits based on the impugned order that there is sufficient material in the case diary that the petitioner was instrumental in committing the theft and was seen in the CCTV footage even and has criminal antecedent. Learned A.P.P. further submits that his name transpired on the confessional statement of co-accused on which it is alleged that in the CCTV footage the petitioner was seen. Considering the fact that the petitioner is in custody since 16.01.2021 and charge-sheet has been submitted in this case let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah (Mufassil) P.S. Case No. 717 of 2020,
Patna High Court CR. MISC. No.32711 of 2021(2) dt.10-01-2022 3/3 with condition that one of the bailors shall be the father of the petitioner.
(Satyavrat Verma, J) Kundan/- U T