Aftab Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61838 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- KATIHAR GRP CASE District- Katihar ====================================================== AFTAB ALI son of Md. Sajeem Village- Dehariya Azad Chowk Ps- Katihar Town Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-10-2023 Heard Mr. Bimal Kumar, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Katihar Rail P.S. Case No. 87 of 2023, registered for the offences punishable under Section 379 of the Indian Penal Code.

3. Allegedly while the informant was traveling by Awadh Assam Express train on 05.09.2022, his cell phone was stolen away by unknown thief(s) at Katihar Railway Junction.

4. It is submitted on behalf of the petitioner that though the occurrence took place on 05.09.2022, the present FIR has been instituted belatedly on 04.04.2023. He further submits that during course of investigation, on the basis of

Patna High Court CR. MISC. No.61838 of 2023(2) dt.16-10-2023 2/3 CDR/CAF location, the mobile set was found in operation and recovered from the possession of the mother of the petitioner, hence the name of the petitioner has been implicated in this case. He further submits that in fact the mother of the petitioner had purchased the said mobile from one of the villager, however, when the police during the course of investigation reached at the house of the petitioner, his mother handed over the mobile but she never said that this mobile phone had been brought by the petitioner. He lastly submits that the petitioner is a man of fair antecedent.

5. On the other hand, learned counsel for the State opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the FIR and the fact that the mobile in question has been recovered from the possession of the mother of the petitioner, coupled with the fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.61838 of 2023(2) dt.16-10-2023 3/3 Magistrate, Railway, Katihar in connection with Katihar Rail P.S. Case No. 87 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T