Md. Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70399 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== Md. Sattar S/o Md. Isak, Resident of Village- Gouripur, Ward No.8, P.S.- Singheshwar, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saharsa Rail P.S. Case No. 23 of 2018 registered for the offence punishable under Sections 379/34 of the Indian Penal Code. The case of the prosecution is that the petitioner was caught red handed while snatching the mobile, however, he managed to hand over the mobile to his associate who had then fled away.

The learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner and the petitioner is innocent as well as he has been falsely implicated in the present case. The petitioner is stated to be in custody since 03.09.2018.

Patna High Court Cr.Misc. No.70399 of 2018(3) dt.10-01-2019 2/2 I have perused the FIR and the materials on record and I find that the petitioner was caught red handed stealing the mobile sets, however, he managed to hand over the same to his accomplice, hence no recovery was made from his possession. I also find that the petitioner is accused in two other cases which are of similar nature and he appears to be a habitual offender. Having considered the submissions made by the learned counsel for the petitioner as also the criminal antecedent of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail upon deposit of Rs. 25,000/- (Rs. Twenty Five thousand) in cash and subject to such conditions as may be imposed by the learned Additional Chief Judicial Magistrate, Railway, Khagaria in connection with Saharsa Rail P.S. Case No. 23 of 2018.

The bail petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) S.Sb/- U T