Patna High CourtCR. MISC./33723/2016bail granted

Md. Imran @ Sonu v. The State Of Bihar

2016-10-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33723 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Md. Imran @ Sonu S/o - Md. Ibrahim R/o - Chunauti Kuan, P.S. - Phulwarisharif, Dist. - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Petitioner is not named in the first information report but in course of investigation, the investigating officer claimed that on the basis of C.D.R. of looted mobile he apprehended the petitioner and looted mobile set was recovered from possession of the petitioner but learned counsel for the petitioner drew my attention towards Annexure-2 to this petition and submits that seized mobile is not looted mobile of the present case because the mobile of Samsung company had been looted in the present case whereas mobile of ZTE S188 company was recovered from

Patna High Court Cr.Misc. No.33723 of 2016 (3) dt.17-10-2016 2/2 possession of the petitioner. Moreover, petitioner does not have any criminal antecedent and is languishing in jail custody since long.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Smt. Shema Eram, Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 46 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T