Mithu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14481 of 2023 Arising Out of PS. Case No.-1222 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== MITHU MUKHIYA Son of Manejar Mukhiya Resident of Village - Garhiya Balua, Ward No.- 2, P.S.- K. Nagar, District - Purnea, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 401, 411, 413, 414, 379 of the Indian Penal Code.

As per prosecution case, there has been recovery of one Hero Splender motorcycle, Bearing No. BR-37R-6043 and one smart phone from the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the alleged recovered mobile is petitioner's own mobile and nobody had come forward to claim the alleged mobile. Nothing has been recovered from the conscious possession of the petitioner and in

Patna High Court CR. MISC. No. 14481 of 2023(2) dt.05-05-2023 2/2 confusion petitioner was apprehended by the police because he was crossing the way from the alleged place of occurrence. He is languishing in judicial custody since 15.11.2022. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Khajanchi Hat P.S. Case No. 1222 of 2022.

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