← Library
Patna High CourtCR. MISC./37563/2022bail granted

Shahjad @ Miya @ Chiya @ Shahjaha Aalam v. The State Of Bihar

2022-09-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37563 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHAHJAD @ MIYA @ CHIYA @ SHAHJAHA AALAM Son of Mannan @ Md. Abdul Mannan Resident of Mohalla- Mogalpura, P.s.- Sasaram(nagar) District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 413 and 414 of the Indian Penal Code.

As per the prosecution case, on information, a miscreant was apprehended and from his pocket four master keys were recovered. The miscreant disclosed his name as Md. Shahnawaz and further revealed that he along with co-accused persons Md. Nadeem Khan, Jamshed Ali, Rustom and this

Patna High Court CR. MISC. No.37563 of 2022(2) dt.29-09-2022 2/3 petitioner Shahjad @ Chiya, steal motorcycles from different areas and sell it. Later, two stolen motorcycles were recovered from the house of the petitioner Shahjad @ Chiya. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned Counsel has further submitted that the petitioner is the owner of one motorcycle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the material available on record does not indicate that the petitioner has any valid document of the motorcycles showing his ownership. Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram, Rohtas in connection with Sasaram Nagar P.S. Case No. 130 of 2022.

Patna High Court CR. MISC. No.37563 of 2022(2) dt.29-09-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T