Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32025 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== MUKESH SAH Son of Mahesh Sah @ Mahesh Gond Resident of village - Khurmabad, P.S.- Siwan Muffasil, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2023 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Siwan Town PS Case No. 386/2022 dated 27.06.2022 registered for the offence punishable under sections 457, 380 of the IPC. Later on, section 411 of the IPC was also added.

3. As per prosecution case, in the night of 27.06.2022, the informant found that some unknown persons have committed theft in his house and taken away mobile phones, laptop, money etc,. The name of the petitioner got transpired during course of investigation.

4. Learned counsel for the petitioner submits that one Gopal Kumar was arrested, who in his confessional statement during course of investigation, has stated that one of the stolen mobiles was sold by him to the petitioner and on that basis one mobile was recovered from the house of the petitioner. Learned counsel next submits that at the time of purchase of mobile phone, the petitioner was not aware of the fact that the said mobile was a

Patna High Court CR. MISC. No.32025 of 2023(2) dt.05-07-2023 2/2 stolen property. The said Gopal Kumar has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 25530/2023 vide order dated 19.05.2023. Petitioner is in custody since 14.12.2022, charge-sheet has been submitted and there is no likelihood that the petitioner shall abscond or tamper with the evidence.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that the co-accused, Gopal Kumar has been granted bail by a co-ordinate Bench of this Court, petitioner is in custody since 14.12.2022, charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, MUKESH SAH be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Krishna Kumar, learned Judicial Magistrate 1st Class, Siwan in connection with Siwan Town PS Case No. 386/2022.

(Anil Kumar Sinha, J) perwez U T