Patna High CourtCR. MISC./70481/2023allowed

Md. Kasimuddin @ Md. Kasmuddin @ Md. Kashmuddin @ Jasmuddin Md. @ Kasmuddin v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70481 of 2023 Arising Out of PS. Case No.-759 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== MD. KASIMUDDIN @ MD. KASMUDDIN @ MD. KASHMUDDIN @ JASMUDDIN MD. @ KASMUDDIN son of Md. Ahmad Village- Isapur Murgiya Tola, Ps- Phulwari Sharif Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shadab Akhter For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have been caught with a stolen purse and a mobile phone thereafter he was handed over to the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. No TI Parade was conducted the concerned police even after knowing the name of the accused. It is also submitted that this

Patna High Court CR. MISC. No.70481 of 2023(2) dt.07-11-2023 2/2 case is triable by court of Judicial Magistrate. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is suffering from serious skin disease and languishing in judicial custody since 26.5.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwari Sharif P.S. Case No. 759 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XIV-cum-A.C.J.M., XVI, Patna.

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