Md. Kamran Hasmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13197 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Md. Kamran Hasmi S/O Md. Yunus Ahmad Hashmi @ Md. Yunus Hasmi Resident Of Bikhna Pahari Rose Apartment, P.S.- Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 457 and 458/34 of the Indian Penal Code.

The prosecution case, in short, is that two accused persons were caught by the informant near Vamragri Collectorate. During the course of investigation, the apprehended persons disclosed their names as Kamran Hasmi and Md. Saijar and disclosed that they came there to commit theft and they had tool to break lock in their bag. On search, one iron rod, one Chheni and two mobiles were recovered from the

Patna High Court CR. MISC. No.13197 of 2022(3) dt.17-08-2022 2/2 possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been implicated in this case only on the basis of suspicion. The petitioner is labour and he was coming in the night of 05.01.2021 after completing the work from a construction side. Further, it is submitted that no incriminating articles have been recovered from the possession of the petitioner. The petitioner is in custody since 06.01.2022, is a person with clean antecedent and charge-sheet has been submitted in this case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court of Sub-Judge-XIV, Patna in connection with Gandhi Maidan P.S. Case No. 11 of 2022.

(Khatim Reza, J) shanu/- U T