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Patna High CourtCR. MISC./8140/2024allowed

Manmohan Mukund Sonu @ Manmohan Mukund v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8140 of 2024 Arising Out of PS. Case No.-413 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Manmohan Mukund Sonu @ Manmohan Mukund S/O LATE RAM SAGAR MAHTO R/O VILLAGE- EKDARA, ( MEHTHI) PS.- BIBHUTIPUR, DIST.- SAMASTIPUR, AT PRESENT R/O VILLAGE- BHUIDHARA, WARD NO. 14, PS. MUFFASIL, DIST. SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== 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 registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per FIR, the allegation against four unknown miscreants is that they entered in the shop of the informant and on pistol point committed loot of 15 kg silver, 30 grams golden ornament and cash Rs. 20,000/-.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.8140 of 2024(2) dt.20-02-2024 2/3 co-accused, namely, Amarjit Kumar which is not admissible in the eye of law. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 08.05.2023 passed in Cr. Misc. No. 6472 of 2023. The petitioner is languishing in judicial custody since 25.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 413 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 S.D.J.M., Rosera District, Samastipur.

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

Patna High Court CR. MISC. No.8140 of 2024(2) dt.20-02-2024 3/3