Md Anish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36176 of 2025 Arising Out of PS. Case No.-204 Year-2023 Thana- KADWA District- Katihar ====================================================== Md Anish S/o Badiuzzama Resident of Village- Kanhariya, P.S.- Dagarua District- Purnia ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kadwa P.S. Case No. 204 of 2023 dated 13.09.2023 registered for the offences punishable u/ss 379 and 461 of the Indian Penal Code.
3. As per the prosecution case, some unknown thieves are alleged to have stolen 35 pieces of old mobile and 4 pieces of new mobile phone from the shop of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 27.08.2023 but the F.I.R. was lodged on 13.09.2023 without explanation of inordinate delay of 17 days. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case only on the basis of the confessional statement of the co-accused who disclosed the
Patna High Court CR. MISC. No.36176 of 2025(2) dt.06-08-2025 2/2 involvement of the petitioner in the alleged crime of theft. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 26.06.2024 passed in Cr. Misc. No. 42841/2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Kadwa P.S. Case No. 204 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T