Md. Shahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41198 of 2024 Arising Out of PS. Case No.-698 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Md. Shahmad Son Of Late Hasibur Rahman @ Hasivur Rahman Resident Of Village - Bhairopatti Milki, P.S. - Bahadurpur, District - Darbhanga ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Tiwary, learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Sadar P.S. Case No. 698 of 2023 registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioner is not named in the First Information Report and is in custody since 26.12.2023.
4. Allegation against the petitioner is to commit robbery with other co-accused persons and while committing so, looted cash of Rs. 93,200/- and two mobile phones
Patna High Court CR. MISC. No.41198 of 2024(2) dt.13-06-2024 2/3 which belongs to the informant.
5. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been falsely implicated with this case on the ground of suspicion when his mobile phone, which was given to repairing shop, was misused by some unknown persons after inserting the looted SIM for once and on the basis of said fact, he was apprehended with the present case. It is submitted that neither the SIM nor the mobile phone was recovered from his physical possession rather it was recovered from the said mobile repairing shop. It is submitted that mobile handset belonged to this petitioner and it was not looted one. While concluding argument, learned counsel submits that petitioner has got one criminal antecedent in which he is on bail, and, moreover, investigation of this case is completed, chargesheet has already submitted, and as such, there is no chance of tampering with the evidence.
6. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
7. In view of the aforesaid factual submission and
Patna High Court CR. MISC. No.41198 of 2024(2) dt.13-06-2024 3/3 by taking note of the fact as alleged looted SIM not appears to be recovered from the possession of the petitioner which is the basis of implication qua petitioner, where petitioner is in custody since 26.12.2023 coupled with the fact that investigation of this case has already completed, accordingly, above-named petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 698 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M. Darbhanga, subject to the condition as laid down under Section 437 (3) Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T