Md. Arman Raien v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39964 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== MD. ARMAN RAIEN Son of Md. Shamim Raien @ Samim Rain Resident of Village- Charpurwa Aurai, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Aurai Police Station Case No. 216 of 2020, registered for the offences punishable under Sections 379/414 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that a theft was committed in the mobile shop of the informant and some unknown persons stolen the mobile phones, its accessories, ear phones, repairing machine, lap-top, Mobile SIM etc. worth Rs.4,00,000/- and also a cash of Rs.15000/-. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of the alleged recovery of
Patna High Court CR. MISC. No.39964 of 2021(2) dt.25-01-2022 2/3 one stolen mobile phone. She further submits that the petitioner was the bona fide purchaser of the alleged mobile phone and was not aware about the fact that the mobile phone, in question, was stolen one. She further submits that similarly situated coaccused, from whose possession also, one stolen mobile phone was recovered, has been granted bail by this Court, vide order passed in Criminal Misc. No. 33791 of 2021. She further submits that the petitioner is in custody since 24.12.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, similarly situated co-accused has been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 24.12.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.39964 of 2021(2) dt.25-01-2022 3/3 learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Aurai Police Station Case No. 216 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √