Shahrukh @ Aamir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43805 of 2019 Arising Out of PS. Case No.-658 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Shahrukh @ Aamir Son of Md. Naushad Resident of Makhania Kuan, Purvi Gali, beside Masjid Gali, P.S-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2019 The present case is a second attempt on behalf of the petitioner, inasmuch as his earlier petition for grant of regular bail was rejected vide order dated 01.04.2019 passed in Cr. Misc. no. 16668 of 2019.

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

The petitioner seeks regular bail in connection with Pirbahore PS case no. 658 of 2018 for the offences punishable under Section 414/34 of Indian Penal Code.

The case of the prosecution is that on 15.11.2018, the informant of the present case along with othr members of the police force were on patrolling duty and at about 11 hours, on the direction of the Senior Officer, they started checking vehicle at Ashok Raj Path, Patna. At about 11.30 hours, two persons

Patna High Court CR. MISC. No.43805 of 2019(2) dt.18-07-2019 2/3 riding on one motorcycle were seen coming from Gandhi Maidan and the said motorcycle did not have any number place. The said motorcycle was then intercepted by the police force and upon demand of paper pertaining to said vehicle, no paper could be produce by the riders of the said vehicle namely Rahul Kumar and Shahrukh @ Aamir. The said two apprehended accused persons including the petitioner herein had disclosed that in the morning of the same day, they had stolen the said vehicle from Darjee Tola, Sabjibagh.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 17.11.2018 and has been suitably punished, nonetheless the petitioner is ready to deposit a cash security of Rs. 15,000/- for the purposes of grant of regular bail.

Having considered the facts and circumstances of the case and considering the period of incarceration as also the fact that the petitioner has clean antecedent, I deem it fit and appropriate to enlarge the petitioner on regular bail subject to deposit of a cash security of Rs. 15,000/- with the Nazarat of the concerned court i.e. the learned court of J.M. 1st class, Patna in connection with Pirbahore PS case no. 658 of 2018 and subject to such other conditions as may be deemed fit and appropriate to be imposed

Patna High Court CR. MISC. No.43805 of 2019(2) dt.18-07-2019 3/3 by the learned Magistrate. It is needless to state that the aforesaid deposit of Rs. 15,000/- shall be subject to the final outcome of the trial.

(Mohit Kumar Shah, J) rinkee/- U T