Md Sakib @ Md Shaquib @ Saido @ Shadow v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2125 of 2022 Arising Out of PS. Case No.-401 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MD SAKIB @ MD SHAQUIB @ SAIDO @ SHADOW Son of Md. Zahur Ali @ Md. Zahoor Ali Resident of Village - Nawadih, P.S.- Town, Distt.- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Aurangabad Town Police Station Case No. 401 of 2020, registered for the offence punishable under Section 393 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner along with co-accused Md. Saif Khan, surrounded the informant and they tried to snatch the bag, containing cash.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further

Patna High Court CR. MISC. No.2125 of 2022(2) dt.25-05-2022 2/3 submits that the petitioner and the informant are on inimical terms and from perusal of Annexure 2, it would be evident that in Aurangabad Town Police Station Case No. 240 of 2020, lodged against unknown, by the cousin brother of the informant, the informant along with his cousin brother, with the connivance of police tried to implicate the petitioner in that case also, but his remand was not accepted by the learned Court below. He further submits that from perusal of the First Information Report, it would also be evident that nothing has been snatched from the possession of the informant. He further submits that co-accused has been granted regular bail by the learned Court below itself. He further submits that the petitioner is in custody since 03.10.

2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that co-accused has been granted regular bail by the learned Court below itself, only allegation is that the petitioner has attempted to snatched articles/cash from the informant, charge sheet has already been submitted and the petitioner is in custody since 03.10.

Patna High Court CR. MISC. No.2125 of 2022(2) dt.25-05-2022 3/3 regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town Police Station Case No. 401 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √