Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31423 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== MRITUNJAY KUMAR S/o Sri Nagendra Singh R/o village- Bahadura, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Baikunthpur P.S. Case No. 11 of 2019 registered under section 379 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Gopalganj.

Submission of learned counsel for the petitioner is that petitioner is in custody since 02.03.2019. He is innocent and has falsely been implicated in the present case merely on the basis of suspicion. Further he submits that petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that the stolen motorcycle was recovered from the house of the

Patna High Court CR. MISC. No.31423 of 2019(3) dt.09-07-2019 2/2 petitioner. In course of investigation, the witnesses have also supported the prosecution version.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge. (Arvind Srivastava, J) shailendra/- U T