Allowed

Shahnawaj Mian @ Sahnaj Mian @ Shahnaj Sheikh @ Shahnawaj Parwej v. the State of Bihar

Patna HC11 Feb 2022CR. MISC./23788/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application concerning a case under Section 394 IPC involving alleged robbery and snatch theft, the High Court allowed regular bail to the petitioner. Considering the delay in trial due to the pandemic and absence of tampering allegations, the Court granted bail subject to furnishing a bond of Rs. 25,000 with two sureties and standard surety conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000 with two sureties of the like amount subject to conditions preventing tampering and requiring cooperation in trial.

Shahnawaj Mian @ Sahnaj Mian @ Shahnaj Sheikh @ Shahnawaj… — Bail and Remand | Patna HC (2022)

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7 11-02-2022

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23788 of 2021

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Arising Out of PS. Case No.-721 Year-2020 Thana- MUFFASIL District- West Champaran

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======================================================

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SHAHNAWAJ MIAN @ SAHNAJ MIAN @ SHAHNAJ SHEIKH @ SHAHNAWAJ PARWEJ S/O PARWEJ ALAM @ TUNTUN R/o villageBela Sheikhtoli, Ward No. 09, P.S.- Ramgarhwa, District- East Champaran

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikramdeo Singh, Advocate Mr.Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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Heard the parties through video conferencing.

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Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

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Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course.

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The petitioner, who is in custody since 15.12.2020, seeks regular bail in connection with Bettiah (M) Banuchhapar P.S. Case No. 721 of 2020, for the offence punishable under Section 394 of the Indian Penal Code.

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The prosecution case, in brief, is that on 12.11.2020 at about 7.30 A.M. the informant unloaded bricks from his tractortrailor and he was returning by his tractor bearing registration No. BR-22GA-8346 to his house, but, in the way, three persons boarded on his tractor and asked him to drop them at Lohiariya Chowk and

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Patna High Court CR. MISC. No.23788 of 2021(7) dt.11-02-2022 2/3

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one person was present with a motorcycle after Jabdaul at a lonely place, who directed the informant to stop his tractor, where all the four persons snatched his mobile No. 9546730159 and also snatched case of Rs. 25,000/- and also took away his tractor trailor on the point of kinfe and Katta.

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Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has committed no offence. It has come in paragraph No. 61 of the case diary that only negotiation to purchase the said tractor has surfaced in the said paragraph. He further submitted that the said tractor has been recovered from the possession of one co-accused Sakendra Prasad. There is no active role of the petitioner in the alleged theft. He further submits that the name of petitioner has surfaced in the confessional statement of co-accused Ram Lal Sah.

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Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

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Considering the aforementioned facts and circumstances of the case and the fact that there is no allegation of tampering the evidence or influencing the witness and the trial of the petitioner is not likely to be completed in near future due to pandemic of Covid19, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in

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Patna High Court CR. MISC. No.23788 of 2021(7) dt.11-02-2022 3/3

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connection with Bettiah (M) Banuchhapar P.S. Case No. 721 of 2020, subject to the following conditions:-

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

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(Purnendu Singh, J)

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manish/-

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U T

Shahnawaj Mian @ Sahnaj Mian @ Shahnaj Sheikh @ Shahnawaj Parwej v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shahnawaj Mian @ Sahnaj Mian @ Shahnaj Sheikh @ Shahnawaj Parwej v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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