Patna High CourtCR. MISC./39457/2024bail granted

Munna Kumar Vinayak v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39457 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Munna Kumar Vinayak Son of Shyamsundar Sah @ Shyam Sundar Sah Resident of Village- Rustampur Panchpariya, Ward no- 6, P.O- Raghopur, P.SRaghopur (O.P Rustampur), Dist- Vaishali at Hajipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhigyan Kumar, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raghopur P.S (OP Rustampur) FIR No. 269/2023 lodged under Sections 379 and 414 of the Indian Penal Code.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation of recovery of motorcycle which was subject to theft.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that during investigation though charge-sheet has been filed against the petitioner, but it has not been revealed by the prosecution that motorcycle which has been recovered in this case, is subject to theft.

5. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.39457 of 2024(2) dt.30-05-2024 2/2 in custody since 06.11.2023 having one criminal antecedent in which he is on bail.

6. Counsel further submits that the offence under which the petitioner has been charged, is magisterial triable in nature.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Learned Judicial Magistrate First Class, District Vaishali at Hajipur. in connection with Raghopur PS (OP Rustampur) FIR No. 269/2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Raghopur P.S. Case No.236 of 2021.

(Dr. Anshuman, J.) Prakashmani/- U T