Md. Modassir @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15675 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Modassir @ Sunny, Son of Md. Matinuddin, Resident of Village/Mohalla- Sahbaj Nagar, Maulanachak, P.S- Mozahidpur Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyam Kishor Das For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner seeks regular bail in connection with Kotwali P.S. Case No.728 of 2018 for the offences punishable under Sections 356, 379, 411 of the Indian Penal Code. The prosecution case as per the written report of Pankaj Kumar Das dated 31.10.2018 submitted to the SHO, Bhagalpur Kotwali Police Station is to the effect that on 31.10.2018 at 7.00 P.M. when the informant missed the train, he was returning but in the meantime, he was robbed of his mobile phone. It is alleged that two persons were caught on chase who disclosed their names as, Md. Modarsir and co-accused Md. Ladla and when they were searched, the mobile phone of the
Patna High Court CR. MISC. No.15675 of 2019(2) dt.27-03-2019 2/2 informant was recovered from the petitioner, namely, Md. Modassir which was robbed by the co-accused, Md. Ladla. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and in fact the co-accused person, Md. Ladla, has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 22.02.2019 passed in Cr. Misc. No.10670 of 2019. It is further submitted that the petitioner is languishing in custody since 31.10.2018 and is having a clean antecedent. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No.728 of 2018.
(Mohit Kumar Shah, J) sanjeev/- U T