Patna High CourtCR. MISC./39790/2025bail granted

Shekh Babar @ Babar v. The State Of Bihar

2025-06-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39790 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Shekh Babar @ Babar S/O Shekh Manjoor Resident of Village- Dilarpur, P.SManihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katihar Town P.S. Case No. 290 of 2024, instituted for the offences punishable under Section 379 of the Indian Penal Code.

3. The prosecution case, in short, is that, motorcycle of the informant was stolen by an unknown thief which was caught in the CCTV footage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.39790 of 2025(2) dt.25-06-2025 2/3 also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of CCTV footage in which he was seen carrying the stolen motorcycle. It is further submitted that the stolen motorcycle has not been recovered from the possession of the petitioner or from his house. The petitioner is in custody since 22.11.2024 but remanded in this case on 24.12.2024 and has got seven criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar Town P.S. Case No. 290 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.39790 of 2025(2) dt.25-06-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T