Allowed

Md. Chand Khan @ Sakir Anshari v. The State of Bihar

Patna HC1 Apr 2024CR. MISC./22154/2024

Case brief

AI extract

What is this about?

In a bail matter arising from a theft case, the Patna High Court granted the petitioner release on bail after framing of charge, subject to furnishing bonds and sureties, noting his custody period and antecedents.

What did the court decide?

Release of the petitioner on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount.

Md. Chand Khan @ Sakir Anshari Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22154 of 2024

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Arising Out of PS. Case No.-629 Year-2022 Thana- SHASTRINAGAR District- Patna

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

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Md. Chand Khan @ Sakir Anshari Son Of Late Md. Firoj Ansari Resident Of Village- Golakpur Near National Institute Of Technology Sultanganj, PsSultanganj, Dist- Patna

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Shastrinagar P.S. Case No. 629 of 2022 instituted for the offence under Sections 457 & 380 of the Indian Penal Code.

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3. Prosecution case in short is that some miscreants have committed theft in the house of the informant and taken away Rs. One lakh cash, half Kg silver and 200 grams gold.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-04-2023. Petitioner bears thirty 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.22154 of 2024(2) dt.01-04-2024 2/3

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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 has transpired during course of investigation. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that 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, manner of petitioner’s implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail, after framing of charge, if not already framed , 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 Shastrinagar P.S. Case No. 629 of 2022, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

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Patna High Court CR. MISC. No.22154 of 2024(2) dt.01-04-2024 3/3

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two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(III) If the petitioner commits similar type of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Md. Chand Khan @ Sakir Anshari v. The State of Bihar

Case brief

What is this about?

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Md. Chand Khan @ Sakir Anshari v. The State of Bihar

Case brief

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What the court decided

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