Surendra Kumar @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8393 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== SURENDRA KUMAR @ MUKHIYA Son of Hari Nandan Sao Resident of Village- Bageshwari Gumti, P.S.- Delha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per FIR, the informant alleged that while he was traveling by train, one unknown miscreant snatched his bag containing several important documents along with cash of Rs. 7200/- and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. The alleged occurrence took place on 20.5.2022 whereas the FIR has been

Patna High Court CR. MISC. No.8393 of 2023(2) dt.03-05-2023 2/2 lodged on 1.6.2022 after delay of more than ten days. It is further submitted vide para 11 of the petition that one mobile phone of Vivo company has been recovered from the possession of the petitioner whereas the informant alleged that in his bag his Samsung mobile was there. It is further submitted that the petitioner is languishing in judicial custody since 13.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaya Rail P.S. Case No. 234 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 Railway Judicial Magistrate, Gaya.

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