Md. Shibu @ Afrooj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69584 of 2022 Arising Out of PS. Case No.-158 Year-2022 Thana- AIRPORT District- Patna ====================================================== MD. SHIBU @ AFROOJ S/O LATE MD. FIROZ Resident of villagePhulwarisarif, Isopur Apartment, P.S.- Phulwarisarif, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 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 sections 411, 414/34 of the IPC.
Prosecution case relates to recovery of stolen mobile from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from co-accused Saif Ali who has already been enlarged on bail by a Co-ordinate Bench vide order dated 14.02.2023 passed in Cr. Misc. No. 69510 of 2022 and he case of the
Patna High Court CR. MISC. No.69584 of 2022(2) dt.28-02-2023 2/2 petitioner stands on better footings to that of the co-accused. petitioner is languishing in judicial custody since 26.06.2022. 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 Airport P.S. Case No. 158 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 J.M 1st, Patna. (Sunil Kumar Panwar, J) niku/sushmaU T