Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7064 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

SHAHID, S/O - RAZAUDDIN, RESIDENT OF VILLAGE -THOUBAL, P.S- THOUBAL, DISTRICT- THOUBAL, MANIPUR 2.

ALTAF ALI, S/O - FIROZ ALI, R/O - VILLAGE - THOUBAL, PS - THOUBAL, DISTRICT- THOUBAL, MANIPUR 3.

AJAMAL @ AJMAT, S/O - SAUKAT, R/O - VILLAGE - THOUBAL, PS - THOUBAL, DISTRICT- THOUBAL, MANIPUR 4.

MUSTAQEEM, S/O - USUF ALI, R/O - VILLAGE - THOUBAL, PS - THOUBAL, DISTRICT- THOUBAL, MANIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Shamimul Hoda, Advocate Mr. Jai Prakash Chaudhary, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Kuchaikote P.S. Case no. 484 of 2023 registered under sections 414 and 34 of the Indian Penal Code.

3. As per the prosecution case, on receiving a secret information that some accused persons were traveling with a stolen vehicle, it is stated that search was conducted. The accused persons including the petitioners herein were caught and on being asked, could not produce any document for the

Patna High Court CR. MISC. No.7064 of 2024(2) dt.17-02-2024 2/3 vehicle in question. It is further stated that on search being conducted mobile phones were recovered from their possession.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. They are in custody since 26.9.2023 and have no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners, their being in custody for 4 months since 26.9.2023 and not having any criminal antecedent, the petitioners are directed to be enlarged on bail in connection with Kuchaikote P.S. Case no.484 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Gopalganj on the following conditions :- (I) One of the bailors of the petitioners shall be person resident of an area within the jurisdiction of the learned trial Court.

Patna High Court CR. MISC. No.7064 of 2024(2) dt.17-02-2024 3/3 (II) The other bailor of the petitioners shall be a family member.

(III) The petitioners shall cooperate in the trial Court. (IV) In case the learned trial Court, at any stage, is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioners, the learned trial Court may cancel the bail bond of the petitioners and take them into custody till conclusion of the trial.

(Partha Sarthy, J) avinash/- U T