Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46861 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- SONEPUR District- Saran ====================================================== Md. Kasim, Son of Md. Hafiz, Resident of Village- Belka, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv & Mrs. Kanchan Kumari, Adv For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sonepur P.S. Case No. 121 of 2018 registered for the offence punishable under Sections 392 and 395 of the Indian Penal Code.

Informant in his written complaint has stated that on 15.02.2018 at about 1:30 am when he was returning with his own brother, one Bolero vehicle took over his vehicle and two unknown miscreants surrounded the vehicle of the informant and snatched one mobile phone from the informant. It has been submitted on behalf of the petitioner that the petitioner has neither committed any offence nor he has been named in the FIR. It has been further submitted by learned

Patna High Court Cr.Misc. No.46861 of 2018(2) dt.08-08-2018 2/2 counsel for the petitioner that due to inadvertence, statement in para 10 of petition has been made that 'petitioner was never put on TIP but as a matter of fact, petitioner was put on TIP and was not identified by the informant'. It has been further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate benches of this Court vide orders dated, 24.05.2018 in Criminal Miscellaneous No. 31992 of 2018, 22.06.2018 in Criminal Miscellaneous No.36246 of 2018 and 05.07.2018 in Criminal Miscellaneous No. 28273 of 2018 and 01.08.2018 in Criminal Miscellaneous No. 45180 of 2018. Petitioner is in custody since 06.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Saran at Chapra, in connection with Sonepur P.S. Case No. 121 of 2018. (S. Kumar, J) ranjan/- U