Patna High CourtCR. MISC./14279/2024bail granted

Mithu Kumar v. The State Of Bihar

2024-03-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14279 of 2024 Arising Out of PS. Case No.-1513 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Mithu Kumar S/O Sushil Kumar @ Munna Singh R/O Village- Tilak Tajpur, P.S- Runnisaidpur, Distt.- Sitamadhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 1513 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. As per FIR, the informant had gone to S.M.K.C.H., Muzaffarpur for the treatment of his mother and parked the motorcycle inside the campus. When he returned, his motorcycle was missing from the said campus.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner transpired during investigation on the basis of self-confessional

Patna High Court CR. MISC. No.14279 of 2024(2) dt.07-03-2024 2/2 statement of the petitioner. Learned counsel further submitted that stolen motorcycle has been recovered from the house of the co-accused Nand Kishore Pandit and sofar as this petitioner is concerned only four keys have been recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.11.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 1513 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T