Patna High CourtCR. MISC./46148/2021bail granted

Mofid @ Mofid Shekh @ Mufid v. The State Of Bihar

2022-01-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46148 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MOFID @ MOFID SHEKH @ MUFID Son of Late Maamraj Resident of Village - Nangola Utawal, P.S.- Koshi, Distt.- Mathura (U.P.). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Pd. Singh, Sr. Advocate Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned senior counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Aurangabad (Town) P.S. Case no. 415 of 2020 registered for the offence punishable under sections 379 and 427 of the Indian Penal Code.

Learned senior counsel for the petitioner submits that petitioner is in custody since 11.5.2021 and charge sheet has been submitted and allegation is of committing theft of Rs

Patna High Court CR. MISC. No.46148 of 2021(2) dt.06-01-2022 2/2 21,81,500/- from ATM of IDBI bank, Aurangabad. Learned senior counsel submits that FIR was instituted against unknown and this petitioner was arrested in Abdulapurmit P.S. Case no. 374 of 2020 at Telengana and in that case, petitioner confessed about his participation in committing the crime in the present case. Learned senior counsel submits that confession before the police is not admissible in law and the petitioner has been falsely implicated in the present case.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, charge sheet has been submitted and his name transpired based on confessional statement, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Aurangabad (Town) P.S. Case no. 415 of 2020.

(Satyavrat Verma, J) s.hassan/- U T