Tuntun Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33165 of 2020 Arising Out of PS. Case No.-140 Year-2019 Thana- NOKHA District- Rohtas ====================================================== TUNTUN KUMAR @ MUKESH KUMAR S/o- Sri Ganga Singh R/vDudhami, Dehri, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Nokha P.S. Case No. 140 of 2019, disclosing offence punishable under Section 392 of the Indian Penal Code. The petitioner had earlier approached this Court for grant of regular bail by filing Cr. Misc. No. 6601 of 2020, which was dismissed by an order dated 26.02.2020. By filing this application, the petitioner has renewed his prayer for bail. According to the prosecution's case, the informant's motorcycle and a bag containing cash was snatched by unknown miscreants. During course of investigation, the police are said to have learnt that the petitioner was apprehended with two motorcycles by the

Patna High Court CR. MISC. No.33165 of 2020(2) dt.17-12-2020 2/3 police in connection with Rajpur P.S. Case No. 90 of 2019 and on the basis of confessional statement of the petitioner and co-accused Suraj Kumar before the police during investigation in said Rajpur P.S. Case No. 90 of 2019, he has been implicated in this case. The petitioner is in custody since 03.09.2019.

It has been submitted by the learned counsel for the petitioner that the petitioner's case is on similar footing with that of co-accused Suraj Paswan @ Suraj Kumar, who has been allowed regular bail by this court by an order dated 17.03.2020, passed in Cr. Misc. No. 83716 of 2019. He has submitted that the petitioner has been allowed regular bail in connection with Rajpur P.S. Case No. 90 of 2019 by this Court by an order dated 18.01.2020, passed in Cr. Misc. No. 392 of 2020.

Considering the above noted facts, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-VI, Rohtas at Sasaram, in Nokha P.S. Case No. 140 of 2019.

It is directed that defects in the application pointed

Patna High Court CR. MISC. No.33165 of 2020(2) dt.17-12-2020 3/3 out by the Registry must be removed within two months from today.

(Chakradhari Sharan Singh, J) Rajesh/- U T