Md. Chand @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32206 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Md. Chand @ Guddu S/o- Late Md. Jalal @ Md. Akhter Sah @ Md. Jalaludin Mohalla- Pankha Toli Near Kabristan Police Station-Kazimohammadpur District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar S.K., Adv.
For the State :
Mr. Chandra Bhushan Prasad, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 303(2), 317(4) of the BNS, 2023.
3. The allegation in the FIR is that the informant, a member of the RPF, on patrolling duty found one person in suspicious condition at the platform and on search, two mobile phones were recovered from his possession which belonged to someone else. It has been disclosed in the FIR itself that the petitioner stated that he was wanting to sell off the two stolen mobile phones in the train.
4. Learned counsel for the petitioner submits that a bare
Patna High Court CR. MISC. No.32206 of 2025(2) dt.19-05-2025 2/3 perusal of the FIR itself would go to show that the petitioner was arrested at random by the police on the basis of suspicion and the recovery of two mobile phones has been shown from the petitioner. The FIR also discloses that the petitioner himself has made a statement that he was wanting to sell off the said stolen mobile phones in the train. However, there is no concrete evidence with regard to the fact that the mobile phones were stolen one as they have not been claimed by any other person and further the allegation on the petitioner is not that of committing theft of the said mobile phones. It is next submitted that the petitioner is in custody since 14.01.2025.
5. Learned APP for the State opposes the prayer for bail on the ground that the petitioner is an accused in four other cases. However, in response, learned counsel for the petitioner submits that he is on bail in all other cases except the present one.
6.
Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muzaffarpur Rail P.S. Case No. 08 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.32206 of 2025(2) dt.19-05-2025 3/3
(1) One of the bailors will be own close relatives of the petitioner who will give an affidavit of genealogy as to how he is relative to petitioner.
(2) The petitioner shall remain physically present in the learned court below on each and every date till the charges are framed.
(Soni Shrivastava, J) divyanshi/- U T