Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52019 of 2024 Arising Out of PS. Case No.-1191 Year-2023 Thana- SONEPUR District- Saran ====================================================== Manish Kumar S/o Dhanil Paswan R/o vill - Gurmiya, P.S. - Hajipur Sadar, Distt. - Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party :
Mrs. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 1191 of 2023 lodged on 17.12.2023 under Sections 341, 323, 379, 342, 364A 120B read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against four unknown accused persons. It is alleged in the FIR that all the accused persons came on two motorcycle and they got the vehicle of the informant stopped after overtaking. Thereafter, they demanded ransom from the informant and snatched ATM card, laptop, mobile phone, cash and a gold ring from him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has figured in this case on the
Patna High Court CR. MISC. No.52019 of 2024(2) dt.24-07-2024 2/2 confession of co-accused. The looted mobile has been recovered form the possession of the petitioner, but he has purchased the said mobile from c-accused, Sanjeev Kumar in good faith as he was not aware that the said mobile phone is subject to theft. He further submits that the antecedent of the petitioner is clean and he is in custody since 25.02.2024.
5. Learned counsel for the State opposes the prayer for bail and submits that recovery of mobile phone, subject to theft, has been made from the possession of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if already not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Saran at Chapra, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J.) Ashwini/- U T