Md. Gulfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57137 of 2022 Arising Out of PS. Case No.-394 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== MD. GULFAN S/O MD. AKHTAR Resident of Village- Patna City Karkat Kha Akhara, Ward No- 7, P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rail G.R.P. Patna PS case no. 394 of 2022 instituted for the offences punishable under Sections 379, 411 of the Indian Penal Code.

The allegation, according to the informant, is that while the informant was sitting on Platform no. 4 at Patna Junction on 13.07.2022 and was waiting for the train to arrive, two persons had taken out his mobile phone and when they were trying to flee away, on alarm being raised, one of them was caught and from his possession, one mobile phone was recovered.

Patna High Court CR. MISC. No.57137 of 2022(2) dt.20-01-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 14.07.2022. The learned counsel for the petitioner has further submitted by referring to Annexure-2 to the present petition that the petitioner is mentally derailed person and has got nothing to do with the alleged occurrence.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account materials available on record as also considering the period of incarceration of the petitioner apart from the fact that he is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Railway

Patna High Court CR. MISC. No.57137 of 2022(2) dt.20-01-2023 3/3 Magistrate, Patna in connection with Rail G.R.P. Patna PS case no. 394 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T