Md Shahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41736 of 2022 Arising Out of PS. Case No.-471 Year-2021 Thana- KORHA District- Katihar ====================================================== Md Shahil Son of Sk. Manjur Alam @ Md. Manjur Resident of Village - Pawai, P.s.- Korha, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Korha P.S. Case No. 471 of 2021 (S.Tr.No.62 of 2022), lodged under Sections 413, 414, 120(B) of the Indian Penal Code. As per prosecution case, the recovery of theft material has been made from the house of petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that as per seizure list, only recovery of one Apache motorcycle has been made from the possession of petitioner. He further submits that petitioner is in custody since 21.10.2021,

Patna High Court CR. MISC. No.41736 of 2022(2) dt.01-11-2022 2/3 there are 3 criminal cases pending against the petitioner in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

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 Additional Sessions Judge, III, Katihar in connection with Korha P.S. Case No. 471 of 2021 (S.Tr.No.62 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.41736 of 2022(2) dt.01-11-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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