Patna High CourtCR. MISC./48853/2024bail granted

Shammi Sah @ Md. Shmmi @ Md. Shammi Sah v. The State Of Bihar

2024-07-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48853 of 2024 Arising Out of PS. Case No.-251 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Shammi Sah @ Md. Shmmi @ Md. Shammi Sah son of Farukh Sah @ Fruk Shah @ Md. Farukh Village- Aasi Ps- Ghanshyampur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Soban Asghar Mr. Ashad For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the instant case. It is next submitted that petitioner is alleged of committing theft of motorcycle and was identified with the help of CCTV footage where he was seen taking the bike of the informant.

4. The learned counsel for the petitioner submits that the petitioner was not seen in the CCTV footage taking the bike

Patna High Court CR. MISC. No.48853 of 2024(2) dt.12-07-2024 2/2 away rather it were Shambhu Mahto, who was seen taking away the bike. It is also submitted that petitioner is in custody since 25.04.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Biraul at Benipur, Darbhanga in connection with Ghanshyampur P. S. Case No.251 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C., with a condition that one of the bailors of the petitioner shall be his mother namely, Shakina Khatun.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T