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Patna High CourtCR. MISC./34963/2023allowed

Mantu Kumar v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34963 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== MANTU KUMAR S/O VIJAY SINGH @ VIDYANAND SINGH R/O Village-Malhara, P.S.-Haspura, District-Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No. 347 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution, it is alleged that while the informant was returning from Hospital by Apache Motorcycle, four unknown miscreants snatched his bike. During the course of investigation the said stolen motorcycle is alleged to have been recovered from the house of the co-accused Chhotu Kumar and he disclosed the name of the petitioner as one of his associates.

Patna High Court CR. MISC. No.34963 of 2023(3) dt.01-08-2023 2/3 Learned counsel for the petitioner submits that FIR has been lodged against four unknown persons and the petitioner was not named in the FIR and his name transpired in this case during course of investigation in confessional statement of co-accused Chhotu Kumar, from whose house recovery of stolen motorcycle has been made. Nothing has been recovered from possession or from the house of the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 10.5.2023 passed in Cr. Misc. No. 13966 of 2023. He is languishing in jail custody since 14.12.2022.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of both the parties, the court is inclined to grant bail to the petitioner. Let the petitioner, be released 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 learned S.D.J.M., Daudnagar/

Patna High Court CR. MISC. No.34963 of 2023(3) dt.01-08-2023 3/3 concerned Court in connection with Haspura P.S. Case No. 347 of 2022.

(Sunil Kumar Panwar, J) sushma/- U