Shohrab Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8958 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -BASANTPUR District- SIWAN ====================================================== Shohrab Ali Son of Manjoor Alam, Resident of village- Parauli, P.S.- Basantpur, District- Siwan .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 461, 379 and 411 of the Indian Penal Code.

Allegedly, theft was committed in the shop of the informant and some mobile sets were stolen away by unknown. During investigation, one mobile set is said to have been recovered from possession of the petitioner but submission is that IMEI No. of recovered mobile does not tally with the description given in the first information report and without any legal and tangible material the petitioner is suffering in custody since 30.9.2015 having no criminal antecedent. Other co-accused

Patna High Court Cr.Misc. No.8958 of 2016 (2) dt.25-04-2016 2/2 Vikash Kumar Gupta @ Soulti has already been allowed bail vide Cr. Misc. No.57623 of 2015 by another Co-ordinate Bench of this Court to which the learned A.P.P. does not dispute. In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No.180 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) N.H./- U T