Md Tanweer Shekh @ Tanwir @ Tanbeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65372 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== MD TANWEER SHEKH @ TANWIR @ TANBEER S/O Md. Sabir @ Sabir Shekh R/O Village- Betaha, Ward No-13, P.S- Bela, District- Sitamarhi (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 413, 414 of the Indian Penal Code.

The prosecution case, in brief, is that after getting secret informant, the police personnel reached near auto of the petitioner and arrested the petitioner. On search, they recovered one looted mobile phone along with SIM card from the petitioner. Accordingly, the seizure list has been prepared in accordance with law.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.65372 of 2022(2) dt.25-02-2023 2/2 concern with the alleged mobile phone which was seized by the police. It is further submitted vide para 5 of the petitioner that the petitioner has also made accused in another case i.e. Bajpatti P.S. Case No. 115 of 2022 for this looted mobile phone wherein, he has been granted bail vide B.P. No. 1191 of 2022 on dated 14.10.2022 by learned A.D.J. XV, Sitamarhi. The petitioner has no been put on TI Parade till date. Moreover, he is languishing in judicial custody since19.5.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bajpatti P.S. Case No. 138 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi.

(Sunil Kumar Panwar, J) Amandeep/- U T