Patna High CourtCR. MISC./12530/2024allowed

Manti Kumar @ Kumod Kumar v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12530 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== Manti Kumar @ Kumod Kumar S/O Anil Prasad Yadav R/O Village- Fulkiya Basaitha, P.S- Chausa, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 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 394 of the Indian Penal Code.

3. Prosecution case relates to robbery of tractor which was fully loaded with brick.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused person before the police. Nothing has been recovered from the possession of the petitioner and also he has not been put on TI parade. A statement

Patna High Court CR. MISC. No.12530 of 2024(3) dt.04-04-2024 2/2 has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 11.01.2024 in Cr. Misc. No. 86292 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chausa P.S. Case No. 211 of 2023 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. Udakishunganj, Madhepura.

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