Md.Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33811 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== MD.FIROZ Son of Latif Resident of Village- Jagdishpur Baghnagari, New Tola, P.S.- Sakra, District- Muzaffarpur, Bihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sakra P.S. Case No. 82 of 2020, registered under Section 392 of the Indian Penal Code.

The accusation is that informant Pankaj Kumar, being Munsi of brick-kiln was returning in the evening of 29.02.2020 to his house, in the way, six motorcycle borne persons boarded on two motorcycles surrounded him and on the point of pistol, they started assaulting him through slaps. At that time, out of them, informant identified three persons, namely, Jhunjhun, Bambam and Nikki Jha, while three others had covered their faces and they also snatched his Passion Pro motorcycle bearing registration No. BR06BX-6020, Samsung mobile containing the SIM of Jio & Idea companies and they also snatched cash of Rs. 65000/- and proceeded towards west

Patna High Court CR. MISC. No.33811 of 2020(3) dt.27-01-2021 2/2 through canal.

Learned counsel appearing for the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, the looted mobile of the informant is said to be recovered from the possession of the petitioner. Further submission is that, in fact, the petitioner had purchased second hand mobile and he had no knowledge that the said mobile is of stolen mobile. Further submission is that while, while petitioner is accused in Sakra P.S. Case No. 242 of 2016, registered under Sections 379 and 511 of I.P.C., but he is on bail in that case. The petitioner is in custody since 20.04.2020. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 learned A.C.J.M-IV-cum-Sub-Judge-13th, Muzaffarpur in connection with Sakra P.S. Case No. 82 of 2020. One surety must be parent/close relative of the petitioner. (Rajendra Kumar Mishra, J) manish/- U T