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Patna High CourtCR. MISC./36800/2023allowed

Anurag Singh @ Shashwat Anurag v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36800 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== ANURAG SINGH @ SHASHWAT ANURAG Son of Arun Kumar Singh @ Arun Kumar Resident of mohalla - Raja M.G. Road Masnak Chak, P.S. - Jogsar, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 356, 379, 411, 414, 419, 420/34 of the Indian Penal Code.

3. As per prosecution case, when the informant was going to his room from market, in the meantime, one motorcycle came and snatched a mobile phone from the informant and fleeing away. It is further alleged that, on chase snatcher was caught by the public on spot and handed over to

Patna High Court CR. MISC. No.36800 of 2023(3) dt.26-07-2023 2/3 the local police. On query, the apprehended person disclosed his name as petitioner and seven pieces of SIM ejectors wrapped in paper were recovered from the pocket of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the informant become aggressor and with the help of local public brutally assaulted to the petitioner and by managing police party send the petitioner to jail by alleging theft of his mobile by the petitioner. Nothing incriminating article has been recovered from the conscious possession of the petitioner rather the entire prosecution story has been false and concocted. The trial of this case is triable by learned Judicial Magistrate. He is languishing in judicial custody since 24.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.36800 of 2023(3) dt.26-07-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bhagalpur Kotwali P.S. Case No. 197 of 2023.

(Sunil Kumar Panwar, J) arish/- U T