Md. Akbar Hussain @ Md. Akbar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35750 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Md. Akbar Hussain @ Md. Akbar Khan S/O Md. Hussain R/O Mohalla- Tikri Azad Nagar, P.S- Nagar Aurangabad, Distt.- Aurangabad. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sasaram (Dehri) P.S. Case No.13 of 2023 registered for the offence under Sections 379 and 414 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.01.2023.

The allegation against the petitioner is to have in possession of one stolen mobile.

Learned counsel appearing on behalf of the petitioner submitted that the alleged stolen mobile not appears to be recovered from the conscious physical possession of this petitioner, which is apparent from the seizure list. While concluding the argument, it is submitted that petitioner found

Patna High Court CR. MISC. No.35750 of 2023(2) dt.11-07-2023 2/2 involved in one more case, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the nature of allegation coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.01.2023, accordingly petitioner, above named, is directed to be released on bail in connection with Sasaram (Dehri) P.S. Case No.13 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T