Md. Sakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31032 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Md. Sakib S/O Md. Salim R/O Village- Pakariya, P.S- Bairgania, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dhaka P.S. Case No. 70 of 2023 registered for the offence under Sections 379/34 of the Indian Penal Code (in short 'I.P.C.'), later on Section 411 of the I.P.C. has been added.

The accused/petitioner is named in the F.I.R. and is in custody since 21.02.2023.

The allegation against the petitioner is to commit theft and while committing so taken away motor-cycle of informant alongwith other co-accused persons, having registration no. BR05R5186. Learned counsel appearing on behalf of the petitioner submitted that as certain disputes developed at tea-stall of petitioner

Patna High Court CR. MISC. No.31032 of 2023(2) dt.05-07-2023 2/2 with informant, he was falsely implicated with present case, where even alleged recovery was shown from roadside, which is an open place. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of motor-cycle not appears to be made from physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 21.02.2023, accordingly, above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 70 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) pooja/- U T