Mahesh Kumar @ Mahesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49202 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== MAHESH KUMAR @ MAHESH MANJHI Son of Jageshwar Manjhi Resident of Village - Amauni, Police Station - Muffasil, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2022 Heard.

The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 49 of 2021, registered for the offence punishable under sections 413 and 414 of the Indian Penal Code The allegation is regarding the police having received secret information that some miscreants were in the process of disposing of a stolen motorcycle, where-after the police force had reached at the place of occurrence and had arrested the co-accused person, who, upon interrogation, disclosed that the co-accused person namely Golu and the petitioner herein were also his accomplice and they had together snatched the motorcycle. It appears that upon search having been conducted by the police at the house of the

Patna High Court CR. MISC. No.49202 of 2021(2) dt.31-01-2022 2/3 petitioner, the petitioner was arrested and one motorcycle was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 24.05.2021. The learned counsel for the petitioner has referred to paragraph no. 10 of the present petition to submit that the motorcycle recovered from the house of the petitioner belongs to the petitioner and to that effect the registration paper of the said motorcycle has been annexed with the present petition.

Per contra, Shri Kumar Veerendra Narayan, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that neither there is any material available on record so as to connect the petitioner with the alleged crime nor the motorcycle recovered from the house of the petitioner is a stolen one and moreover, the petitioner is having a clean antecedent, I deem it fit and proper to admit the

Patna High Court CR. MISC. No.49202 of 2021(2) dt.31-01-2022 3/3 petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of C.J.M., Nawada in connection with Muffasil P.S. Case No. 49 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T