Patna High CourtCR. MISC./7829/2024allowed

Mannu Khan v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7829 of 2024 Arising Out of PS. Case No.-501 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Mannu Khan Son of Barkatullah Khan R/o vill - Nakardei, ward no. 07, P.s. - Sugauli, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 401/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of preparing to commit theft in house and shop.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to bad village politics. He has committed no offence. Petitioner was apprehended on spot. He submitted that so far as the as alleged recovery of motorcycle is concerned, it belongs to co-accused person namely Afroj Khan. From the perusal of the FIR, it is evident that the allegation against the petitioner is that, only

Patna High Court CR. MISC. No.7829 of 2024(2) dt.20-02-2024 2/2 attempt of theft has been made by him. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court in connection with Raxaul P.S. Case No. 501 of 2023.

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