Md. Shaukat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22141 of 2016 Arising Out of PS.Case No. -70 Year- 2014 Thana -BALRAMPUR District- KATIHAR ====================================================== Md. Shaukat Alam Son of Abdus Salam, resident of Bhikhanpur, Police Station- Baisi in the district of Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.02.2016 in connection with Balrampur (Telta) P.S. Case No. 70 of 2014 for the offences alleged under Section 394 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the basis that SIM No. 7653985249 was being used in the stolen mobile phone. It is denied that the said SIM belonged to the petitioner. It is further submitted that no incriminating articles have been recovered from the possession of the petitioner nor he has been put on test identification parade. The petitioner's case stands on far better footing than co-accused Yogendra Kumar Singh whose motor-cycle and mobile phone had

Patna High Court Cr.Misc. No.22141 of 2016 (2) dt.20-05-2016 2/2 been recovered from the place of occurrence and who has been granted bail in Cr. Misc. No. 32793 of 2014. The petitioner claims clean antecedent.

4. In the aforesaid facts let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Balrampur (Telta) P.S. case No. 70 of 2014. (Vikash Jain, J) B.T/- U T