Saud Alam @ Sahood Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29964 of 2023 Arising Out of PS. Case No.-760 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Saud Alam @ Sahood Alam, Son of Md. Imtiyaz Alam, Resident of MohallaDarzi Tola, Sabzibagh, P.S.-Pirbahore, District-Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Gandhi Maidan P.S. Case No.760 of 2022 registered for the offences punishable under Sections 356, 379 and 411 read with 34 of the Indian Penal Code.

The accused/petitioner is named in the FIR and is in custody since 30.10.2022.

Allegation against the petitioner is to snatch the mobile of informant along with other co-accused persons, where he was apprehended on chase for a short distance by private persons.

It is submitted by learned counsel that the alleged mobile of informant was recovered from co-accused Md. Amir Alam, who has been granted bail by one of the learned co-

Patna High Court CR. MISC. No.29964 of 2023(3) dt.07-07-2023 2/2 ordinate Bench of this Court vide order dated 16.05.2023 passed in Cr. Misc. No.17802 of 2023 and not from this petitioner. While concluding argument, it is submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer for grant of bail to the petitioner.

In view of above-mentioned facts and circumstances, as alleged snatched mobile was recovered from co-accused Amir Alam and not from this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.10.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna in connection with Gandhi Maidanj P.S. Case No.760 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC (Chandra Shekhar Jha, J.) Sanjeet/- U T