Lambu Choudhary @ Lambu Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49701 of 2022 Arising Out of PS. Case No.-432 Year-2021 Thana- SIMRI District- Buxar ====================================================== LAMBU CHOUDHARY @ LAMBU MALLAH Son of Ayodya Mallah Resident of Village - Dumri, P.S.- Simri, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Choubey For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner is seeking regular bail in connection with Simri P.S. Case No. 432 of 2021, registered for the offences punishable under Section 379 of the Indian Penal Code.

As per FIR, some unknown criminals committed theft of motorcycle of the informant.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.49701 of 2022(2) dt.16-12-2022 2/3 that the petitioner is innocent and he is languishing in jail since 06.05.2022. The petitioner and co-accused Mukesh Kumar were apprehended in another case of Excise Act and they were remanded therefrom in the present case.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 432 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall appear before the court below on each and every date unless prevented by any unavoidable circumstances.

Patna High Court CR. MISC. No.49701 of 2022(2) dt.16-12-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T