IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21550 of 2021

Arising Out of PS. Case No.-54 Year-2020 Thana- KOTHIGRAM District- Gaya

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1.

Lalam Khan S/O Zaker Khan @ Jaker Khan R/O Village Pakhraha, P.S

Kothi, District-Gaya

2.

Shaheb Khan @ Saheb Khan S/O Sadr Alam Khan R/O Village Pakhraha,

P.S Kothi, District-Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. S. Jamil Akhtar

For the Opposite Party/s :

Mr. Arun Kumar

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

30-07-2021

Heard learned counsel for the petitioners and learned A.P.P.

for the State through virtual court proceeding.

Learned counsel for the petitioners undertakes to remove

the defects within four weeks of resumption of normal court

proceeding. In the eventuality of non-removal of defects within

undertaken period, the office will place the matter before the

Bench.

The petitioners seek bail in connection with Kothi P.S. Case

No. 54 of 2020 registered for the offence punishable under Section

414 of the Indian Penal Code.

Allegation against the petitioners is that petitioners along

with two other miscreants are involved in robbery of electric

motor. It is alleged that they are coming to sell and buy the said

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electric motor on their bicycle then on search by the informant one

electric motor bearing Motor No. M 20 F 664446 was recovered

from them and after their confession another motor was recovered

near the bridge. It is also alleged that they were caught

apprehended but one of them managed to escape.

It is submitted by learned counsel for the petitioners that

petitioners have falsely been implicated in this case and has not

committed any offence as alleged in the FIR. He submits that

petitioners are not caught on the spot and no incriminating article

has been recovered from their conscious physical possession. He

submits that the electric motor which was found laden on the

bicycle belongs to cousin of petitioner No. 1 Galfan Khan and

they were carrying the motor to get it repaired. He further submits

that similary situated co-accused persons has been granted bail

vide order dated 17.06.2021 in Cr. Misc. No. 13030 of 2021 by a

co-ordinate Bench of this Court. The allegation levelled against the

petitioners is not specific rather general and omnibus in nature.

The petitioners have one more criminal antecedent against them as

mentioned in para 3 of this bail application and have been

languishing in custody since 15.09.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioners

are directed to be enlarged on bail, on furnishing bail bond of Rs.

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25,000/- (Rupees Twenty Five Thousand) each with two sureties

of the like amount each to the satisfaction of the learned court

below where the case is pending/successor court in connection

with Kothi P.S. Case No. 54 of 2020.

GAURAV S./-

(Anjani Kumar Sharan, J)

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