Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32512 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Mukesh Kumar, son of Mulchand Mehta, resident of village-Bhasti, Bind Toli, Ward No.10, P.S. Sonbarsa (Kashnagar O.P.), District-Saharsa. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Udakishunganj P.S. Case No.43 of 2017 registered for the alleged offences under Section 392 of the Indian Penal Code. As per the prosecution case, four unknown miscreants are said to have looted the motorcycle and mobile of the informant.
It has been submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. He was not put on test identification parade. The petitioner is not named in the F.I.R. He has been falsely implicated in this case. Though the looted mobile is said to have been recovered from the
Patna High Court Cr.Misc. No.32512 of 2017 (02) dt.13-07-2017 2/2 possession of the petitioner but the said mobile was given to him by one Chandan Kumar to whom he has given his mobile for repairing. The aforesaid fact also finds figure in the impugned order. He has been languishing in jail custody since 20.04.2017. In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Udakishunganj at Madhepura in connection with Udakishunganj P.S. Case No.43 of 2017.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T