Patna High CourtCR. MISC./1304/2019bail granted

Md. Ali v. The State Of Bihar

2019-03-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1304 of 2019 Arising Out of PS. Case No.-394 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Ali Son of Md. Jahangir Resident of Mohalla-Maulanachak, Asraf Alam Lane, Bhagalpur, P.S.-Mojahidpur District Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 392 of the IPC.

Petitioner is not named in the FIR but from perusal of the case diary, it appears that one Rajkumar Sharma was arrested and one mobile was recovered from his possession. The aforesaid Rajkumar Sharma disclosed that he had purchased the said mobile from Ladle and thereafter, co- accused Ladle was arrested and he disclosed that he had purchased the seized mobile from this petitioner. Subsequently, petitioner has been made accused in the present case and was apprehended. The confessional statement of the petitioner was recorded and one

Patna High Court CR. MISC. No.1304 of 2019(3) dt.15-03-2019 2/2 mobile of OPPO Company was recovered from his conscious possession.

Submission on behalf of the petitioner is that the mobile seized from the possession of the petitioner is not looted property because the informant has, nowhere, stated in his fardbeyan that mobile of OPPO company was snatched from him. Learned counsel further submits that except so-called confessional statement and some criminal antecedent of the petitioner, there is noting against him.

Considering the facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kotwali P.S. Case no. 394/2018. (Hemant Kumar Srivastava, J) s.hassan/abhijeetU T