Patna High CourtCR. MISC./45049/2023bail granted

Mayank Srivastava @ Babul v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45049 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Mayank Srivastava @ Babul, Son of Shashi Bhushan Prasad Srivastava @ Guddu Srivastava @ Shashi Bhushan Srivastava, Resident of VillageDumarbanna, P.S.- Bairgania, Dist -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bairgania P.S. Case No. 206 of 2022 dated 15.07.2022 registered for the offence punishable under Section 414 read with 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of one motorcycle from the possession of this petitioner and co-accused namely Adityanath @ Ajeet Giri, who has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 63310/2022 and the alleged motorcycle was not recovered from conscious possession of this

Patna High Court CR. MISC. No.45049 of 2023(3) dt.28-07-2023 2/2 petitioner, who has been languishing in jail since 16.07.2022 and against him, there is criminal antecedent of one case and the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's custody period and completion of the investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bairgania P.S. Case No. 206 of 2022.

(Shailendra Singh, J) annu/- U T