Md. Abulaish Sheikh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40353 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== Md. Abulaish Sheikh, Son of Awas Sheikh Resident of Village - Madhuban, Ward No.- 04, P.S.- Punaura, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. A.K. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard Mr. Birendra Kumar, learned Counsel for the petitioner and Mr. A. K. Pandit, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Punaura Police Station Case No. 87 of 2020, disclosing offences under Section 379 of the Indian Penal Code. The allegation, as per the First Information Report is that the informant parked his motorcycle and kept mobile phone, ATM card and Rs.8,000/- in cash in the dickey of the motorcycle and hide himself in a shelter at some distance due to rain and when he returned back, his motorcycle was found missing.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged
Patna High Court CR. MISC. No.40353 of 2020(2) dt.02-03-2021 2/3 and he has falsely been implicated in this case inasmuch as the petitioern along with other accused persosn were arrested in Punaura P.S. Case No.95 of 2020 along with the stolen motorcycle and on the basis of confessional statement of the petitioner, he has been implicated in the present case. Learned counsel next submits that petitioner has been granted bail in Punaura P.S. Case No.95 of 2020 registered under Section 430 and 440 of the Indian Penal Code. Learned counsel next submits that the stolen article kept in the motorcycle has not been recovered from the conscious possession of the petitioner and the petitioner is in custody since 28.08.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has been granted bail in connection with Punpun P.S. Case No.95 of 2020 and further the petitioner is in custody since 28.08.2020 and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Abulaish Sheikh, be
Patna High Court CR. MISC. No.40353 of 2020(2) dt.02-03-2021 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, Patna, in connection with Punaura Police Station Case No. 87 of 2020.
(Anil Kumar Sinha, J.) sanjeev/- U T