Fakhruddin Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 55468 of 2022 Arising Out of PS. Case No.-658 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Fakhruddin Alam Son of Sheikh Maksood R/V- Pipra, P.S- Gaunaha, DistWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 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 Shikarpur P.S. Case No. 658 of 2020 lodged under Sections 457, 380, 411, 414 of the I.P.C.
As per the prosecution case, the petitioner has been caught red handed at the time of committing theft. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 08.12.2020 that is more than about 2 years. Counsel further submits that petitioner is a poor innocent person and only due to this reason, he could not move to the Court. Counsel for the
Patna High Court CR. MISC. No. 55468 of 2022(3) dt.21-02-2023 2/2 petitioner further submits that all the Sections in which the F.I.R. has been lodged are magisterial triable in which maximum punishment is 3 years and the petitioner is already in custody since more than about 2 years.
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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 658 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T