Md. Qamruddin Ansari @ Md. Qamruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43207 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- SIMULTALLA District- Jamui ====================================================== MD. QAMRUDDIN ANSARI @ MD. QAMRUDDIN Son of Md. Rajjak Ansari @ Rajjak Ansari Resident of Village - Asodha Tola Jaro, Pahari, P.S.- Chandan, District - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Irshad, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per the prosecution case, four masked miscreants armed with lathi, rod etc. stopped the informant and his companion, assaulted them and looted their mobile phones and cash Rs.34,700/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and his name has come in the case on the basis of CDR and CAF of stolen mobile phone which traced that petitioner's SIM was being

Patna High Court CR. MISC. No. 43207 of 2021(2) dt.29-10-2021 2/2 used in the stolen mobile phone of the informant. Learned counsel submits that the petitioner is a poor man and the mobile phone had been given to him by a person and he was not aware that the same was the looted property. No other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner is in custody since 9.2.2021. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate II, Jamui in Simultalla Police Station Case No. 63 of 2020.

(Prabhat Kumar Singh, J) Shashi U T