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Patna High CourtCR. MISC./49340/2023allowed

Md. Ablat @ Md. Albakh @ Md. Ablakh v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49340 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Md. Ablat @ Md. Albakh @ Md. Ablakh S/O Md. Akhtar @ Mohammad Akhtar R/O Village- Uchcha Tola, K Kal Market, Ps. Fulwaria, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411 and 414 of the Indian Penal Code.

Allegation against the petitioner is that he snatched the vivo mobile of the informant when he was travelling by train.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of suspicion. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.49340 of 2023(2) dt.11-08-2023 2/2 possession of the petitioner. It is further submitted from para-9 of this petition that the stolen mobile is of Vivo Company whereas the recovered mobile from the petitioner is of Redmi mobile which is different from stolen one. Moreover, the petitioner is languishing in judicial custody since 11.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barauni Rail P.S. Case No. 243 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Barauni, Begusarai.

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