Patna High CourtCR. MISC./37826/2023bail granted

Mahesh Kumar v. The State Of Bihar

2023-09-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37826 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- ROSERA District- Samastipur ====================================================== MAHESH KUMAR SON OF KUSHESHWAR MAHTO R/O VILL GOPALPUR MIRZAPUR WARD NO 11 PS VIDYAPATINAGAR, SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rosera P.S. Case No. 422 of 2022 dated 12.12.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, five unknown miscreants are alleged to have committed dacoity in Central Bank of India and took away Rs. 62,09,165/- and fled away on the motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.37826 of 2023(3) dt.08-09-2023 2/2 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Raja Kumar. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 01.08.2023 passed in Cr. Misc. No. 47164 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 17.1.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera in connection with Rosera P.S. Case No. 422 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T