Patna High CourtCR. MISC./28308/2021allowed

Mangal Mukhiya v. The State Of Bihar

2021-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28308 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- MATIYARIA District- West Champaran ====================================================== MANGAL MUKHIYA Son of Chhotelal Mukhiya, Resident of Village - Hardi Belahawa, P.S.- Matiariya, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Dr.Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.

Allegation against the petitioner is that he was selling the stolen motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged motorcycle was selling

Patna High Court CR. MISC. No.28308 of 2021(2) dt.13-09-2021 2/2 by co-accused, namely Sanjay Paswan and Navin Mahto and the petitioner was purchaser of the said motorcycle. There is no recovery from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 12.01.2021. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Matiariya P.S. Case No. 03/2021 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T