Md.Sahrookh Khan @ Md. Sharookh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11748 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Md.Sahrookh Khan@ Md. Sharookh, son of Abdul Shamad Khan @ Abdus Shamad Khan, resident of Mohalla-Gumti No. 3, P.S.-Ishachak, DistrictBhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Bhagalpur G.R.P.S. Case No. 177 of 2016 instituted for the offence under Section(s) 392/411 of the Indian Penal Code.

It is alleged in the written report that two miscreants snatched the mobile phone, cash etc from the possession of the informant. It is alleged that this petitioner was apprehended on the spot and two mobile phones have been recovered from his possession.

It has been submitted on behalf of the petitioner that in the written report, it has been mentioned that mobile phone

Patna High Court Cr.Misc. No.11748 of 2017 (3) dt.13-04-2017 2/3 with two SIM have been snatched when the seizure list merely mentions that mobile phone without SIM has been recovered from the possession of this petitioner.

Be that as it may, in the written report there is no mentioning of IMEI number of the mobile and only it was mentioned that two mobiles with SIM were snatched but in the seizure list, it was clearly mentioned that the mobiles which were recovered from the possession of the petitioner were without SIM and only IMEI number has been mentioned. It is apparent from the case diary that the police did not get the Test Identification Parade of the articles which was claimed to be recovered from the possession of the petitioner. Other articles of the informant have also been snatched but there is no recovery of any other article from the possession of the petitioner.

The petitioner is said to be in custody since 11.12.2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Bhagalpur in connection with Bhagalpur G.R.P.S. Case No. 177 of

Patna High Court Cr.Misc. No.11748 of 2017 (3) dt.13-04-2017 3/3 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T