Manish Kumar @ Manish Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36873 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Manish Kumar @ Manish Das, aged about 23 years, Gender- Male, son of Fucho Das, resident of village- Keota, PS- Dalsinghsarai, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dalsinghsarai PS Case No.68 of 2023 dated 05.02.2023, instituted for the offence punishable under Sections 392 of the Indian Penal Code.
3. The prosecution case, in short, is that when the informant was returning home at about 9.00 PM, three unknown persons came on a motorcycle and stopped the informant's motorcycle and thereafter snatched the informant's mobile and motorcycle at gun point.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name has come in the confessional statement of Gulshan Kumar and Ankit Kumar @
Patna High Court CR. MISC. No.36873 of 2023(2) dt.05-07-2023 2/2 Ankit Raj. Learned counsel further submitted that till date no test identification has been conducted. The stolen motorcycle was recovered from co-accused Arbind Kumar. It is further submitted that the stolen mobile was recovered from the possession of the petitioner which the petitioner had purchased from co-accused, Ankit Kumar @ Ankit Raj. The petitioner is in custody since 25.03.2023 having clean antecedents and chargesheet has been submitted in the case.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate 1st, Dalsinghsarai, in Dalsinghsarai PS Case No.68 of 2023.
(Khatim Reza, J) J. Alam/- U