Allowed¶20

Md. Shahrukh @ Md. Sharukh v. The State of Bihar

Patna HC5 Mar 2024CR. MISC./13445/2024

Case brief

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What is this about?

Md. Shahrukh @ Md. Sharukh v. The State of Bihar; Patna High Court; Criminal Miscellaneous No.13445 of 2024; decided 05-03-2024; Justice Rudra Prakash Mishra; bail granted; Section 379 IPC; theft of motorcycle; Patrakar Nagar P.S. Case No. 103 of 2023; petitioner not named in FIR; name transpired via confessional statement of co-accused Md. Raja; nothing recovered; charge sheet submitted; five criminal antecedents; custody since 05-08-2023; bail bonds Rs. 10,000 with two sureties.

What did the court decide?

Bail granted; petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of Court below/concerned Court, in connection with Patrakar Nagar P.S. Case No. 103 of 2022 (year as printed in the final order). ¶20

Md. Shahrukh @ Md. Sharukh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13445 of 2024

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Arising Out of PS. Case No.-103 Year-2023 Thana- PATRAKARNAGAR District- Patna

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

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Md. Shahrukh @ Md. Sharukh Son of Late Md. Arshad R/o vill - Gorhatta, P.s. - Khajekalan, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Arvind Prasad Singh, Advocate For the State : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Patrakar Nagar P.S. Case No. 103 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

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3. As per the prosecution case, motorcycle of the informant was stolen from front of his flat by some unknown miscreants.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-08-2023. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s

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Patna High Court CR. MISC. No.13445 of 2024(2) dt.05-03-2024 2/2

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counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner

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has transpired on the basis of confessional statement of coaccused, namely, Md. Raja, and the same has no evidentiary value. It is submitted that nothing has been recovered from the possession of the petitioner. Charge sheet has already been submitted in this case.

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

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patrakar Nagar P.S. Case No. 103 of 2022.

Md. Shahrukh @ Md. Sharukh v. The State of Bihar

Case brief

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Md. Shahrukh @ Md. Sharukh v. The State of Bihar

Case brief

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