Patna High CourtCR. MISC./27635/2024allowed

Md. San @ Md. Saan v. The State Of Bihar

2024-04-20Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27635 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== MD. SAN @ MD. SAAN S/O MD ISARAIL @ MD. ISRAIL R/O VILLAGEMATHURAPUR, P.SWARISNAGAR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Samastipur Town P.S. Case No. 273 of 2023 registered for the offence under Sections 379 and 411 of the IPC.

3. As per allegation in the FIR, the petitioner after committing theft of a motorcycle tried to flee away then the informant after chasing him caught the petitioner with motorcycle and handed over to police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody

Patna High Court CR. MISC. No.27635 of 2024(2) dt.20-04-2024 2/3 since 13.10.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR, impugned order dated 22.02.2024, it appears that the petitioner was arrested with the said stolen motorcycle at the place of occurrence and is in custody since 13.10.2023.

7. Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 273 of 2023.

8. 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 charge-sheet 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 trial of this case and if the petitioner remain absent on two consecutive

Patna High Court CR. MISC. No.27635 of 2024(2) dt.20-04-2024 3/3 dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the trial Court itself. (Ramesh Chand Malviya, J) saurabhkr/- U