Taslim Shekh @ Taslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42814 of 2023 Arising Out of PS. Case No.-251 Year-2023 Thana- MOTIHARI District- East Champaran ====================================================== TASLIM SHEKH @ TASLIM son of Nejamuddin @ Nejamuddin Sheikh Village- Nakchhed Tola Ward no-17, Ward no-4, Ps- Motihari Town DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 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 connection with Motihari Town P.S. Case No. 251 of 2023 dated 24.3.2023 registered for the offence punishable u/s 394 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants boarded on a motorcycle came and stopped the motorcycle of the informant and snatched Rs. 7000/-, ATM and a mobile and also assaulted the friend of the informant,

Patna High Court CR. MISC. No.42814 of 2023(2) dt.21-07-2023 2/3 Kamlesh with the knife.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR rather his name has transpired during the course of the investigation. One mobile phone was recovered from the petitioner but he purchased the said mobile from the co-accused Ajmat Sheikh in good faith and he had no knowledge that the mobile was the stolen one. Learned counsel has further submitted that no TIP has been conducted by the prosecution. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.3.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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

Patna High Court CR. MISC. No.42814 of 2023(2) dt.21-07-2023 3/3 concerned, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 251 of 2023.

The application stands allowed.

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