Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32722 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Md. Yusuf S/o Rahis R/o Mohalla - Darzi Tola Sabzibag, P.S. - Pirbahore, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

20-07-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. Petitioner, in the present case, is seeking regular bail in connection with Kadamkuan P.S. Case No. 65/2017 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that, according to the First Information Report, three persons were riding on one motorcycle which was intercepted by police, in course of search, certain recoveries have been made from their possession. As regards this petitioner, it is alleged that from his pocket one mobile phone of Apple Company was recovered from the motorcycle. Learned counsel for the petitioner has placed a copy of the order

Patna High Court Cr.Misc. No.32722 of 2017 (2) dt.20-07-2017 dated 11.07.2017, passed by a coordinate Bench of this Court in Cr. Misc. No. 26832/2017 to impress upon this court that similarly situated person has been granted privilege of regular bail.

Learned Additional Public Prosecutor for the State opposes the prayer for bail, however on specific query that whether the case of this petitioner is different from the co-accused who has been granted bail, he admits that petitioner is similarly situated.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Patna, in connection with Kadamkuan P.S. Case No. 65/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T