Md. Badshah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54617 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== Md. Badshah, Son Of Md. Bhola R/O Mohalla/Village- Kotwali Choak, Sujaganj Masjid Gali, Chand Bhangra Band Party, P.S.- Kotwali (Jagdishpur), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and Shri Rajeev Nayan, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Tatarpur P.S. Case No. 96 of 2021 instituted for the offences under Sections 392 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 01.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he was taking breakfast near Dokaniya Dharamshala when he was asked by an unknown person to come in the Dharamshala and when the informant went to

Patna High Court CR. MISC. No.54617 of 2021(2) dt.16-02-2022 2/3 Dharamshala, two boys came and assaulted him and snatched his silver chain and Rs. 830/-, on which hulla was raised and police came and arrested the accused persons who disclosed their name as Kiran, petitioner and Abdul Noor and from Kiran a chain was recovered, from petitioner Rs. 330/- was recovered and from Abdul Noor Rs. 500/- was recovered.

Learned counsel for the petitioner submits that from bare perusal of the allegation and the recovery it would manifest that the petitioner has been falsely implicated because the allegation is of snatching of chain and Rs. 830/- from the informant and it does not stand to reason that within some minutes of the occurrence, the accused would have distributed the amount in such a way that the recovery would have tallied with the amount snatched.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.06.2021, is a person with clean antecedent and chargesheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-14th,

Patna High Court CR. MISC. No.54617 of 2021(2) dt.16-02-2022 3/3 Bhagalpur in connection with Tatarpur P.S. Case No. 96 of 2021.

(Satyavrat Verma, J) Rishi/- U T