Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51324 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1.

Mukesh Kumar S/o- Madan Yadav Village- Ghar Amirita PS-Sonvarsha Raj, Dist- Saharsa 2.

Bablesh Kumar son of Suresh Sah Village- Ghar Amirita PS-Sonvarsha Raj, Dist- Saharsa ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Budhilal Yadav, Advocate For the Opposite Party :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Beldaur P.S. Case No. 47/2024 corresponding to G.R. No. 517/2024 dated 20.02.2024 registered for the offence punishable u/s 392 of the Indian Penal Code, later on charge-sheet was submitted u/s 395 and 399 of the I.P.C.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle are alleged to have looted Rs. 4.5 lacs from the informant on the point of pistol.

Patna High Court CR. MISC. No.51324 of 2024(2) dt.12-08-2024 2/3 Further, it is alleged that they also took away the informant mobile phone and his motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up during the course of investigation. The petitioner no. 1 is accused in two other criminal cases on which he is on bail whereas the petitioner no. 2 have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 28.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. As per para. 34 of the case diary, the petitioner, Mukesh Kumar has been identified by the C.C.T.V footage. It is further submitted that the tower location of the petitioner, Mukesh Kumar was found near the place of occurrence.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on

Patna High Court CR. MISC. No.51324 of 2024(2) dt.12-08-2024 3/3 bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria, in connection with Beldaur P.S. Case No. 47/2024 corresponding to G.R. No. 517/2024.

7. The application stands allowed.

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