Bhogi @ Bhogengra Mehta @ Prashant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32673 of 2021 Arising Out of PS. Case No.-191 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== BHOGI @ BHOGENGRA MEHTA @ PRASHANT Son of Late Ram Prasad Mehta Resident of Village- Majhari, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Adv For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2021 Heard Mr. Shivnandan Bharti, learned counsel for the petitioner and Dr. Ajeet Kumar, Additional Public Prosecutor for the State via video conferencing.

Petitioner seeks regular bail in connection with Laukahi PS Case No. 191/2019 registered for the offences punishable under Section 392 of the IPC.

The allegation, as per First Information Report, is that while informant was returning to his village on his motorcycle, he was accosted by four unknown miscreants, who on the gun point, deprived the informant of his belongings like motorcycle with its documents, wallet containing Rs. 7000/- and mobile phone etc.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has transpired on the basis of confessional statement made by a co-accused, namely, Badal Kumar who has been granted bail by this Court

Patna High Court CR. MISC. No.32673 of 2021(2) dt.17-12-2021 2/2 vide Cr. Misc. No. 54015/2021. He further submits that no any incriminating material or looted article has been recovered from the possession of the petitioner and the same was recovered from the possession of co-accused, Badal Kumar. He next submits that the petitioner is in custody since 16.11.2019 i.e., for about 2 years and 1 month. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Badal Kumar has already been granted bail by this Court, charge-sheet has already been submitted and petitioner is in custody since 16.11.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, BHOGI @ BHOGENGRA MEHTA @ PRASHANT be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Laukahi PS Case No. 191/2019.