Bakhora Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32375 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Bakhora Shah Son of Fekan Sah, R/o Village- Salempur, P.S.- Haspura, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Haspura P.S. Case No.356 of 2022 dated 30.11.2022, lodged under Sections 411, 413, 414 of the Indian Penal Code.

4. As per the prosecution case, there are in total seven named accused persons, including the present petitioner, against whom allegation of stealing a motorcycle is there.

5. Learned counsel for the petitioner submits that from a nearby house of the petitioner one stolen motorcycle was recovered. He submits that F.I.R. has been lodged under Sections 411, 413, 414 of the Indian Penal Code. He further

Patna High Court CR. MISC. No.32375 of 2023(2) dt.28-06-2023 2/2 submits that petitioner is in custody since 01.12.2022 having one criminal case pending against him, in which he is on bail.

6. Counsel further submits one co-accused Mantu Kumar and one Chhotu Kumar have been granted bail vide order dated 08.05.2023 in Cr. Misc. No.10195 of 2023 and in Cr. Misc. No.13779 of 2023 respectively. Counsel for the petitioner submits that this case is Magisterial Triable.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar in connection with Haspura P.S. Case No.356 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T