Mukesh Kumar @ Hitlar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34314 of 2022 Arising Out of PS. Case No.-225 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== Mukesh Kumar @ Hitlar Son Of Birendra Mahto Resident Of Village- Raun, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 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 Section 379 of the Indian Penal Code.

It is alleged against the petitioner that he has stolen away the motorcycle of the brother of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case only on the basis of

Patna High Court CR. MISC. No.34314 of 2022(4) dt.04-01-2023 2/3 suspicion. The F.I.R has been lodged against unknown and the name of the petitioner sprang up during course of investigation on the basis of extra judicial confession of the co-accused. The petitioner is languishing in custody since 16.04.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that co-accused person has named the petitioner. The seizure list as mentioned in para 38 of the case diary suggests that one stolen motorcycle and one mobile was recovered from the possession of the petitioner. Moreover, petitioner is accused in five other cases of similar nature. In the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months

Patna High Court CR. MISC. No.34314 of 2022(4) dt.04-01-2023 3/3 from today. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within six months.

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