Patna High CourtCR. MISC./28647/2023allowed

Ali Sher Sah v. The State Of Bihar

2023-05-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28647 of 2023 Arising Out of PS. Case No.-496 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== ALI SHER SAH Son of Shabib Sah @ Sabiya Resident of village-Kushar Irazi, Ward No.-01, P.S.-Balua Bazar, Distt-Supaul (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Narpatganj P.S. Case No. 496 of 2021 for the offence under Sections 328, 379, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has got four criminal antecedents and he is in custody since 05.06.2022.

Prosecution story in short is that two persons came to the informant (driver) and hired his tempo. On the way, one of them offered the informant cold drink and when the informant drank the same he became unconscious. Thereafter, both accused took out Rs. 5000/- cash, silver chain and a mobile from the informant and fled away.

Patna High Court CR. MISC. No.28647 of 2023(2) dt.24-05-2023 2/2 Considering the period of custody, the petitioner, named above, is directed to be released on bail after framing of charge, if the charge has not been framed as yet on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 496 of 2021. The petitioner will visit Balua Bazar Police Station on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bond of the petitioner.

The Trial Court is directed to expedite the trial of following cases :- (1). Fulkaha P.S. Case No- 147/21,u/s 379,328 IPC (ii). Narpatganj P.S. Case No- 554/21,u/s 328,379,34 of the Indian Penal Code.

(iii).Bhimpur P.S.Case No-122/21,u/s 379,328,120B and 420 of IPC (iv) Narpatganj P.S. Case No- 557/2021,328,379 IPC (Sandeep Kumar, J) Harsh/ U T