Md. Irshad Mansoori @ Munna @ Munna Hatela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42512 of 2022 Arising Out of PS. Case No.-279 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== MD. IRSHAD MANSOORI @ MUNNA @ MUNNA HATELA S/o Md. Aalamgir @ Aalamgir @ Alamgeer R/o village - Pupri, Ward No. 7, Rajbag, P.S.- Pupri, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Pupri P.S. Case No. 279 of 2020 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. The allegation is regarding unknown miscreants having committed theft in the house of one Bauwan Pathak after breaking the lock of the house and certain articles were taken away by the unknown thieves.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.42512 of 2022(3) dt.25-01-2023 2/3 been falsely implicated in the present case and he is languishing in custody since 19.09.2020. It is further submitted by the learned counsel for the petitioner that though the petitioner is an accused in seven other cases but he is on bail in all of them. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 08.02.2022 and vide order dated 26.04.2022 passed in Criminal Miscellaneous No. 16622 of 2021 and Criminal Miscellaneous No. 68150 of 2021.

Per contra, the learned A.P.P. 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 learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons who have already been granted bail by a co-ordinate Bench of this Court, I deem it

Patna High Court CR. MISC. No.42512 of 2022(3) dt.25-01-2023 3/3 fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, District-Sitamarhi in connection with Pupri P.S. Case No. 279 of 2020. (Mohit Kumar Shah, J) S.Sb/Saurav U T