Kumar Mangalam @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29187 of 2023 Arising Out of PS. Case No.-728 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kumar Mangalam @ Rahul Kumar S/O Yogendra Kumr Mahto @ Yogendra Mahto, Resident of Village- Bahorba, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect, if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Begusarai Town (Lohiya Nagar) P.S. Case No. 728 of 2022 dated 02.12.2022 lodged under Section 379 of the I.P.C. and later on section 411 of I.P.C. also added.

4. As per the prosecution, the present F.I.R. has been lodged against unknown accused persons alleging therein that informant's vehicle has been subject to theft from Bazar Samiti.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the seizure list, it is clear that the said vehicle was not recovered from possession of the petitioner. He further submits that neither incriminating was recovered from

Patna High Court CR. MISC. No.29187 of 2023(2) dt.07-06-2023 2/2 possession of the petitioner nor he was put on T.I.P. He further submits that antecedent of the petitioner is clean and he is in custody since 17.12.2022.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner was identified in CCTV footage of the locality.

7. In reply counsel for the petitioner submits that in the said CCTV footage the petitioner was shown only due to the reason that he is resident of the said locality. Counsel further submits that case has been lodged under section 379 of I.P.C. which are Magisterial triable.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Begusarai in connection with Begusarai Town (Lohiya Nagar) P.S. Case No. 728 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

(Dr. Anshuman, J.) ravishankar/- U T