Dismissed¶24

Md. Saddam v. the State of Bihr

Patna HC3 Apr 2024CR. MISC./19774/2024

Case brief

AI extract

What is this about?

Regular bail rejected on habitual-offender grounds; motorcycle theft, Sections 401/379/411 IPC, Town P.S. Darbhanga Case No. 241 of 2023; arrested red-handed on the spot; judicial custody since 10.08.2023; nine similar criminal antecedents; trial court directed to conclude trial within six months of receipt of order, with conditional bail if trial not concluded in the stipulated period.

What did the court decide?

The Court is not inclined to grant regular bail: the petitioner was arrested on the spot in respect of theft of a motorcycle and, on perusal of the bail petition, appears to be a habitual offender with nine criminal antecedents of the same nature. ¶23

Md. Saddam Vs the State of Bihr — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19774 of 2024

¶2

Arising Out of PS. Case No.-241 Year-2023 Thana- DARBHANGA District- Darbhanga

¶3

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

¶4

Md. Saddam S/O- Md. Haroon @ Md. Nathuni R/O- Village- Ojhaul Shahpur, P.S.- Bahadurpur, Dist.- Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr.Ratnakar Jha, Adv. For the Opposite Party/s : Mr.Shyam Bihari Singh, APP

¶11

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

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 03-04-2024

¶15

Heard learned counsel for the petitioner and learned

¶16

APP for the State.

¶17

The petitioner is in custody in connection with Town Police Station Darbhanga Case No. 241 of 2023 from the Court of learned Chief Judicial Magistrate, Darbhanga registered for the offences punishable under Sections 401/379/411 of the Indian Penal Code.

¶18

As per allegation in the FIR, Petitioner was caught red handed after stealing the motorcycle of the informant. On search Master Key and mobile were recovered from the possession of the petitioner.

¶19

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next

¶20

Patna High Court CR. MISC. No.19774 of 2024(2) dt.03-04-2024 2/2

¶21

submitted that petitioner is arrested on the spot of occurrence. It is also submitted that petitioner is in judicial custody since 10.08.2023 and petitioner has got nine criminal antecedent as stated in para 3 of the petition.

¶22

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

¶23

In view of the allegation as regard to theft of motorcycle petitioner was arrested on the spot and on perusal of the bail petition it appears petitioner is a habitual offender and he has nine criminal antecedents which are in same nature. This Court is not inclined to grant bail to the petitioner.

¶24

Hence, the prayer of regular bail of the petitioner is hereby rejected. However, the trial court is directed to conclude trial within a period of six month from the copy of the receipt of this order if the trial is not concluded within the stipulated period then the petitioner may renew his prayer of bail before the trial court and the trial court shall grant bail to the petitioner.

¶25

(Ramesh Chand Malviya, J)

¶26

Mayank/-

¶27

U T

Md. Saddam v. the State of Bihr

Case brief

What is this about?

What did the court decide?

Md. Saddam v. the State of Bihr

Case brief

What is this about?

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