Sagar Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.49600 of 2016 (3) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49600 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Sagar Ali son of Jalimuddin, resident of village- Baghmara, Paschim para, Kharangpur Jabra, Police station- Harishchandrapur, District- Malda (West Bengal) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rail Samastipur (Hassanpur) P.S. Case No. 66 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, one person after snatching the hand bag of the mother of the informant got down from the train and in the hand bag there were ornaments, Samsung Mobile, Aadhar Card, Voter Identity Card etc. The petitioner is not named in the first information report but during investigation stolen mobile was recovered from his possession.

Submission is of false implication and that the petitioner has picked up the mobile which was lying on the railway track, the

Patna High Court Cr.Misc. No.49600 of 2016 (3) dt.15-12-2016 petitioner has got no criminal antecedent and he has been made victim of circumstances.

Learned APP opposes the prayer of bail by submitting that stolen mobile was recovered from possession of the petitioner at Jaipur.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Samastipur in connection with Samastipur (Hassanpur) P.S. Case No. 66 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T