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Patna High CourtCR. MISC./14300/2023allowed

Mukesh Kumar @ Mukesh Chandrabanshi @ Hans Raj v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14300 of 2023 Arising Out of PS. Case No.-591 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Mukesh Kumar @ Mukesh Chandrabanshi @ Hans Raj S/O Sudhir Prasad R/O Manish Singh Colony, Barhmpura (191 Kepas), P.S.- Ram Krishna Nagar, Distt- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 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 395 of the Indian Penal Code.

The prosecution case in nutshell is that motorcycle borne miscreants, on the point of pistol, looted Rs. 41,00,000/-(forty one lakh rupees) and two checks of 20,00,000/-(Rs. Twenty lakhs) from the informant.

Patna High Court CR. MISC. No.14300 of 2023(2) dt.26-04-2023 2/3 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 rahter certain looted money was recovered from possession of other co-accused person. The name of petitioner sprang up in this case on confessional statement of co-accused, namely, Sujit Kumar. Moreover, the petitioner is languishing in judicial custody since 25.03.2022.

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 bail in connection with Patliputra P.S. Case No. 591 of

Patna High Court CR. MISC. No.14300 of 2023(2) dt.26-04-2023 3/3 2021 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 X, Patna.

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