Md. Shamim v. The State Of Bihar

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 03-04-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. As per allegation propounded by the informant Deepak Kumar, petitioner was apprehended and handed over to police while he gone to return medicine which, as per informant stealthily taken away by an unknown from his shop. Contention on behalf of the petitioner is that in case he would have been a thief then it was not expected at his end to go at the shop of informant for return. The written report itself discloses the fact that the person had come to return the medicine. From the seizure list, it is apparent that the medicines and plastic syringe (two) were only produced. The quantum of medicine also belie if not, at least cast suspicion over genuineness of the prosecution case. Also submitted that he happens to be under custody since 26.11.2012. Also submitted that prayer for bail was refused by the successive courts in the background of possessing criminal antecedent. Patna High Court Cr.Misc. No.13982 of 2013 (2) dt.03-04-2013 2 At the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that petitioner was apprehended along with stolen medicine. In the aforesaid facts and circumstances of the case, petitioner Md. Shamim is directed to 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 learned Chief Judicial Magistrate, East Champaran at Motihari connection with Chhatauni P.S. Case No.242 of 2012. (Aditya Kumar Trivedi, J) PN/- 2