Md. Mehrab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28399 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- CIVIL LINE District- Gaya ====================================================== Md. Mehrab son of Md. Asgar Resident of Village- Gewalbigha, Near Hindi School, P.S.- Rampur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Civil Lines P.S. Case No. 10 of 2024 registered for the offence under Sections 413, 414, 467, 468 and 471/34 of the Indian Penal Code.
3. As per the prosecution case, the informant received a secret information that the shop of one Amir Motorcycle located on Chopda agency road where stolen motorcycle was selling and buying then the police party reached there then a person saw the police party started to flee away but he was apprehended by the police and he disclosed his name as Md. Javed and some judicial stamps paper have also been recovered from the said shop and thereafter some motorcycle have also been recovered from other place.
4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. Petitioner is in custody since 09.01.2024.
5. Learned APP appearing for the State opposes the prayer
Patna High Court CR. MISC. No.28399 of 2024(2) dt.19-04-2024 2/2 for bail of the petitioner.
6. On perusal of the FIR, bail petition, seizure list and impugned order dated 05.03.2024, it appears that one black colour T.V.S. Centra motorcycle bearing registration No. BR21B1606 has been recovered from the house of the petitioner and from perusal of para 38 of the case diary it shows that the petitioner have two criminal antecedents which shows that the petitioner is a habitual offender.
7. Considering the above facts and circumstances of the case and nature of offence, I am not inclined to grant bail to the petitioner.
8. Accordingly, the prayer for regular bail is hereby rejected.
9. However, the learned trial Court is directed to conclude the trial within a period of six months from the date of receipt of a copy of this order and if the trial is not concluded within the stipulated period, then the petitioner may renew his prayer for bail before the trial Court and the trial Court shall grant bail to him. (Ramesh Chand Malviya, J) saurabhkr/- U T