Patna High CourtCR. MISC./66078/2023bail granted

Md. Shadabb @ Chhotu v. The State Of Bihar

2023-12-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66078 of 2023 Arising Out of PS. Case No.-710 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Shadabb @ Chhotu S/O Md. Anish R/O Village- New Abgila, Pahartalee, P.O.- Abgila, Ps. Mufassil, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 710 of 2023, registered under sections 461 and 379 of the Indian Penal Code to which sections 411, 413 and 414 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, 8-10 unknown accused persons are said to have committed theft in the Company premises of the informant, and the details of the stolen articles has been given in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against 8-10 unknown accused persons. Contrary to the allegations, no incriminating article has been

Patna High Court CR. MISC. No.66078 of 2023(3) dt.13-12-2023 2/2 recovered from possession of the petitioner. Co-accused Anuj Kumar has been enlarged on bail vide order dated 7.11.2023 passed in Cr. Misc. no. 69885 of 2023. The petitioner is in custody since 30.6.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned APP appearing for the State.

6. Having heard learned counsels for the parties and taking into consideration the material that has transpired against the petitioner in course of investigation, the petitioner being in custody since 30.6.2023, charge-sheet having been submitted in the case, petitioner not having any criminal antecedent and grant of bail to the above named co-accused, the petitioner is directed to be enlarged on bail in connection with Mufassil P.S. Case No. 710 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya. (Partha Sarthy, J) Harsh/- U T