Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37136 of 2021 Arising Out of PS. Case No.-348 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== Mukesh Kumar S/O Raghunath Roy @ Raghunath Ram Resident Of Mohalla Kidwaipuri Pani Tanki-2 ,p.n.t. Colony, P.S Buddha Colony, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1- Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Patrakar Nagar P. S. Case No.348 of 2020, instituted for the offences under Sections 379 and 414 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.09.2020 and chargesheet has been submitted in this case. The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that he had gone to meet someone in front of the residence of Dr.

Patna High Court CR. MISC. No.37136 of 2021(2) dt.08-12-2021 2/3 Ashok Kumar, Kankarbagh on his motorcycle and when he came back, he saw his motorcycle missing. Accordingly, the F.I.R. was instituted against unknown.

The learned counsel for the petitioner submits that during the course of investigation, this petitioner was caught with Ajay Sahni, who was riding the aforesaid stolen motorcycle for which Buddha Colony P. S. Case No.173 of 2020 under Section 414/ 34 of the I.P.C. was registered. The said Ajay Sahni confessed that he had stolen the aforesaid motorcycle.

The learned counsel for the petitioner further submits that petitioner was not aware that the motorcycle on which he was sitting as a pillion was stolen motorcycle. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 24.09.2020 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Patrakar Nagar P.

Patna High Court CR. MISC. No.37136 of 2021(2) dt.08-12-2021 3/3 S. Case No.348 of 2020, subject tocondition that one of the bailors shall be the father of the petitioner and in the event, when the trial commences and the petitioner does not appear on two consecutive dates, the learned Court below will be at liberty to cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T