Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40070 of 2020 Arising Out of PS. Case No.-260 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MD. SADDAM S/o Md. Mumtaz R/o Village-Bhikhanpura Dih, Maharana Pratap nagar, P.S.- Muzaffarpur Sadar in the District of Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Sadar Police Station Case No. 260 of 2020, registered for the offences punishable under Sections 380/457/411/413/414 of the Indian Penal Code. The allegation, as per the First Information Report, is that theft was committed in the house of the informant and valuable articles, i.e. cash of Rs. 32,000/-, gold and silver ornaments, clothes, inverter, cylinder, L.E.D. T.V., D.V.D. etc were stolen by unknown thieves.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely

Patna High Court CR. MISC. No.40070 of 2020(3) dt.23-03-2021 2/2 because some stolen articles were allegedly recovered from the shop of the petitioner. He next submits that the petitioner has been running a shop for repair of battery, inverter etc. and from his shop, battery, inverter and two mobile phones have been recovered. He next submits that the petitioner had purchased these articles from some other person as a bonafide purchaser and he has not committed theft in the house of the informant. He next submits that the petitioner is in custody since 23.06.2020. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 23.06.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Sadar Police Station Case No. 260 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √