Mukesh Kumar Mehta @ Mukesh Kr. Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36607 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- FULKAHA District- Araria ====================================================== Mukesh Kumar Mehta @ Mukesh Kr. Mehta Son of Kulanand Mehta Resident of Village - Sukhsena Simraha Ward No.- 14, P.S.- Simraha, District - Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :

Rina Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code. As per the prosecution case, this petitioner was apprehended with one stolen motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the said motorcycle was given to the petitioner by his associate Rman Poddar. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and mentioning of the criminal antecedent of the petitioner in the impugned order is in fact an error of record.

Patna High Court CR. MISC. No.36607 of 2021(2) dt.16-09-2021 2/2 Petitioner is in custody since 25.12.2020. Investigation is complete.

Considering the facts and circumstances of the case and the fact that let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class cum Munsif I, Araria in Fulkaha Police Station Case No. 168 of 2020/GR No.4501 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T