Bablu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32715 of 2017 Arising Out of PS.Case No. -175 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Bablu Bind Son of Late Ramdhari Bind, R/o Village- Darawa, P.S.- Mohania, District- Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the Opposite Party : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is seeking regular bail in connection with Mohania P.S. Case No. 175 of 2017, registered for the offence alleged under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that according to the First Information Report the informant alleged that he alongwith his 16 friends are living in a rented house and all of them had gone to play cricket on 21.04.2017, while returning at about 6.30 P.M. 10-12 boys who were armed with knife and Katta (country made pistol) surrounded the informant and his friends and took away their mobile phones, I.D. Card and some amount of cash. Submission of learned counsel is that the petitioner is not named in the First Information Report, though he is a local inhabitant but was not identified by the informant and he has been implicated in the present case on the basis of the recovery of the

Patna High Court Cr.Misc. No.32715 of 2017 (2) dt.20-07-2017 2/2 mobile phone of Samsung Company. Learned counsel further submits that the colour of the mobile allegedly recovered from possession of this petitioner is said to be blue whereas the informant claims that his mobile was black-blue, further the mobile/sim number stated on the seizure list also does not tally with the number mentioned in the First Information Report. Learned counsel further submits that this petitioner has got no criminal antecedent and is in custody since 23rd April, 2017. Although, the learned APP opposed the prayer for bail. However accepted the position that the allegation against this petitioner is that of a recovery of a mobile and the number mentioned in the seizure list does not tally with the numbers mentioned in the First Information Report.

Considering the facts and circumstances of the case, let the petitioner, namely, Bablu Bind be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur, in connection with Mohania P.S. Case No. 175 of 2017, subject to the conditions U/s 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J.) ravi/- U T