Patna High CourtCR. MISC./37364/2023bail granted

Sheikh Arash @ Sk. Aras @ Arash Sheikh v. The State Of Bihar

2023-07-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37364 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Sheikh Arash @ Sk. Aras @ Arash Sheikh Son of Anarul Sekh Resident of village - Bherihari, P.S. - Purushottampur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Adv.

Mr. Avinash Raj, Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 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 Purushottampur P.S. Case No. 83 of 2022 dated 08.09.2022, lodged under Sections 379, 413, 414/ 34 of the I.P.C.

4. As per the prosecution case, the allegation against the accused persons including the petitioner and three others that they were doing the work of theft of animals.

5. Learned counsel for the petitioner submits that the buffalo and calf of the petitioner was subject to theft. Counsel submits that from the seizure list, it transpires that the recovery

Patna High Court CR. MISC. No.37364 of 2023(2) dt.05-07-2023 2/2 of the said buffalo and calf used to take place from the premises of accused Farid Sheikh. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 21.03.2023. Counsel further submits that the recovery has not been made from the possession of the petitioner.

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

7. 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 Judicial Magistrate- 1st Class, Bettiah, District- West Champaran in connection with Purushottampur P.S. Case No. 83 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

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

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