Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34344 of 2021 Arising Out of PS. Case No.-930 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Mukesh Kumar Son Of Ajay Kumar Resident of Digha Xtti, Yadav Line Gali, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishore, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 930 of 2020 instituted for the offences under Sections 413 and 414 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 02.12.2020, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant, A.S.I. of Kankarbagh Police Station alleges that on 01.12.2020 when he along with a lady police, Setu Priya and other police force were on patrolling duty, they received an information that a boy named Mukesh Kumar

Patna High Court CR. MISC. No.34344 of 2021(2) dt.01-12-2021 2/3 (petitioner) who indulges in selling stolen motorcycle was coming to Malahi Pakdi to sell a stolen green colour motorcycle. Accordingly, it is alleged that the petitioner was seen coming and when he was stopped, he tried to flee away but was apprehended and it is further alleged that the petitioner disclosed that he indulges in selling stolen motorcycles at cheap rates.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case and is a person with clean antecedent and the motorcycle on which he was riding was not his motorcycle.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 02.12.2020, charge-sheet has been submitted in the case, is a person with clean antecedent and is aged only 22 years, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XXIV, Patna in connection with Kankarbagh P.S. Case No. 930 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. with

Patna High Court CR. MISC. No.34344 of 2021(2) dt.01-12-2021 3/3 a condition that one of the bailors shall be his father. (Satyavrat Verma, J) Rishi/- U T