Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36073 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- BIND District- Nalanda ====================================================== Mukesh Kumar Virmani Prasad Village- Rupan Bigha Ps- Tharthari DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 392, 395, 412 of the Indian Penal Code. The prosecution case as per F.I.R is that when the informant was returning from a marriage and reached near his house, the accused persons surrounded him and on the point of pistol took away Rs. 10,000/- from him and Rs. 8000/- from the shop which was adjacent to the house as also some gold from his house. Further, they also snatched his mobile and motorcycle.

Patna High Court CR. MISC. No.36073 of 2023(2) dt.04-07-2023 2/3 He was tied in the room whereafter the accused left the place. Accordingly, the villagers came and rescued him. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and during investigation, his name transpired on the basis of the confessional statement of coaccused. The petitioner was not apprehended from the spot. Nothing was recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 29.06.2021. Moreover, other similarly situated co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 19.10.2022 passed in Cr. Misc. No. 40710 of 2022. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District &

Patna High Court CR. MISC. No.36073 of 2023(2) dt.04-07-2023 3/3 Sessions Judge-II, Biharsharif, Nalanda in connection with Bind P.S. Case No. 53 of 2021(Sessions Trial No. 884 of 2021).

(Sunil Kumar Panwar, J) Shageer/- U T