Sandip Kumar @ Sandip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42433 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== Sandip Kumar @ Sandip Yadav S/o Hardeo Yadav R/o Village-Rajahat, Ward no. 16, P.S. Banmankhi, Distt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Saharsa Rail P.S. Case No. 53 of 2023 instituted for the offence under Sections 356, 379, 411 of the Indian Penal Code. 3.

Prosecution case as emanated from the FIR is that petitioner was apprehended by the GRP with one stolen mobile phone.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-12-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.42433 of 2024(2) dt.20-06-2024 2/2 case. It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious possession of the petitioner. In fact, the mobile phone which is alleged to be recovered from the possession of the petitioner, belongs to the petitioner himself. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Rail P.S. Case No. 53 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T