Patna High CourtCR. MISC./29053/2024bail granted

Manish Kumar v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29053 of 2024 Arising Out of PS. Case No.-378 Year-2023 Thana- GORAUL District- Vaishali ====================================================== MANISH KUMAR SON OF MAHENDRA ROY RESIDENT OF VILLAGE - MADHOPUR SUSTA, P.S. - MUZAFFARPUR SADAR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advcate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Goraul P.S. Case No. 378 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that three miscreants riding on one Apachi motorcycle took over the informant's motorcycle and one miscreant hit his motorcycle upon which he fell down and another miscreant assaulted him then his Oppo mobile was taken and thereafter miscreants took his Pulsor motorcycle and helmet and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.29053 of 2024(2) dt.29-04-2024 2/2 present case. Petitioner is not named in the FIR. His name surfaced on the basis of confessional statement of co-accused Sonu Kumar and except the said confessional statement there is nothing against the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 10.09.2023 and has one criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with in connection with Goraul P.S. Case No. 378 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U