Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20760 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- Benta District- Darbhanga ====================================================== Md. Ali S/O Md Firoz R/O Village/Mohalla- Chandanpatti, P.S- Pator, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Benta P.S. Case No. 152 of 2024, instituted for the offences punishable under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, one laptop and two mobile phones have been stolen from the house of the informant at night.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the

Patna High Court CR. MISC. No.20760 of 2025(2) dt.17-04-2025 2/2 basis of confessional statement made by co-accused person and the same has got no evidentiary value. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that one stolen mobile phone of the informant has been recovered from the possession of this petitioner but the petitioner has purchased the same from co-accused person at Rs. 7000/- without knowing the fact that the same is a stolen one. The petitioner is in custody since 19.01.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Benta P.S. Case No. 152 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T