Md. Sanjur @ Md Sanjar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5080 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Md. Sanjur @ Md Sanjar Son of Md. Taslim village- (Fajilpur), Khalilpur, PsBirpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barauni Rail P.S. Case No. 211 of 2024 instituted for the offences under Sections 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that two stolen mobile phones were recovered from the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case only on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the recovered
Patna High Court CR. MISC. No.5080 of 2025(2) dt.06-02-2025 2/2 mobile phones belongs to the relative of the petitioner. There is no compliance of Section 103 of the BNSS. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barauni Rail P.S. Case No. 211 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T