Mantosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29599 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Mantosh Kumar S/o Ram Sewak Ray @ Ram Sevak Ray R/o VILLAGE - MOHANPUR, P.S. - SAMASTIPUR (MUFFASIL) DISTRICT - SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Musarigharari P.S. Case No.08 of 2024 lodged under Sections 461 and 379 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons including the petitioner with allegation that the theft has been taken place at the shop of the informant in which the mobile, laptop, TV, hand phone accessories, total at the tune of about Rs.9.5 lacs has been taken with the detail of mobile numbers and laptop.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.29599 of 2024(2) dt.15-05-2024 2/3 that the recovery of alleged theft articles has been made from the house of the petitioner, but the alleged theft articles and recovered articles from the house of the petitioner did not tally. He further submits that neither T.I.P. of the theft articles has taken place till date nor the petitioner was put on T.I.P.
5. Counsel also submits that the bail application of the co-accused has been heard by this Court vide order dated 04.04.2024 passed in Cr. Misc. No.23357/2024 and liberty was given to renew his prayer for bail one month after framing of charge. He submits that charge has now been framed.
6. Counsel for the petitioner submits that petitioner is in custody since 31.01.2024 having four criminal antecedent.
7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is not clean. There are four criminal cases pending against him.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, one month after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Musarigharari P.S. Case No.08 of 2024, subject to the
Patna High Court CR. MISC. No.29599 of 2024(2) dt.15-05-2024 3/3 following conditions as laid down under Section 437(3) of Cr.P.C.
9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Musarigharari P.S. Case No.22 of 2023.
ii. Musarigharari P.S. Case No.69 of 2019.
iii. Ujiarpur P.S. Case No.71 of 2020.
iv. Ujiarpur P.S. Case no.61 of 2020.
(Dr. Anshuman, J.) Prakashmani/- U T