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Patna High CourtCR. MISC./16332/2024allowed

Man Mohan Mukund @ Sonu v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16332 of 2024 Arising Out of PS. Case No.-489 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Man Mohan Mukund @ Sonu Son of Late Ram Sagar Mahto Resident of Village- Sonbarsa Bhudhara, Ward No.-14, P.S.- Muffasil, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was at his grocery store and dealing with customers, in the meantime, four miscreants, armed with pistol, demanded money from him. Petitioner, out of fear, gave Rs. 50,000/- to them. It is further alleged that accused persons took over the counter and took RS.

Patna High Court CR. MISC. No.16332 of 2024(2) dt.12-03-2024 2/3 1,50,000/- cash and coins of Rs. 3,000/- and fled away by brandishing their pistols.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on the basis of CCTV footage and his self confessional statement as well as confessional statement of co-accused person. Moreover, the petitioner is languishing in judicial custody since 16.09.2023. In contra, learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.16332 of 2024(2) dt.12-03-2024 3/3 bail in connection with Dalsinghsarai P.S. Case No. 489 of 2022 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 Additional Chief Judicial Magistrate I, Dalsinghsarai, Samastipur.

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