Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8676 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mantu Kumar S/O Chhotelal Sahani R/O Village- Barharwa, P.S- Motihari Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case no. 356 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, while the informant was returning after attending the marriage ceremony, unknown accused persons forcibly took away his motorcycle and cash to the tune of Rs. 5,000/-.

4. Learned counsel for the petitioner submits that the F.I.R was registered against 3-4 unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Navin Kumar. No incriminating article has been recovered from

Patna High Court CR. MISC. No.8676 of 2024(2) dt.20-02-2024 2/2 petitioner's possession. Another co-accused whose name also transpired in the confessional statement of Navin Kumar, namely, Dhananjay Kumar has been enlarged on bail vide order dated 11.1.2024 (Annexure- 2) passed in Cr. Misc. no. 85897 of 2023. The petitioner is in custody since 20.9.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the name of the petitioner transpiring in the confessional statement of coaccused, no incriminating article having been recovered from the petitioner's possession, grant of bail to the above named coaccused and the petitioner having remained in custody for 5 months since 20.9.2023, the petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case no. 356 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) Harsh/- U T