Patna High CourtCR. MISC./54195/2024bail granted

Mithlesh Kumar v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54195 of 2024 Arising Out of PS. Case No.-416 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Mithlesh Kumar, age 18 years, Male, Son of Wakil Ray, Resident of VillageMakanpur P.S.- Moharpur OP, Patory District- Samstipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Patory P.S. Case No. 416 of 2022 registered for an offence punishable under Sections 397 and 411 of the IPC.

3. As per the FIR, the informant's motorcycle bearing Registration No. BR 31K 9615 has been stolen away allegedly by the petitioner and Dhiraj Kumar @ Dheeraj Kumar. The occurrence of theft has been evidenced by one Lalbabu Paswan.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner is named in the FIR and there is no recovery from the conscious possession of the petitioner and he has got no concern with the stolen motorcycle. He next submits

Patna High Court CR. MISC. No.54195 of 2024(2) dt.02-08-2024 2/2 that similarly situated co-accused person namely Dhiraj Kumar @ Dheeraj Kumar has been granted bail by this Court passed in Cr. Misc. Nos.19770 of 2024 vide order dated 27.03.2024. Petitioner is in custody since 23.07.2023.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the fact that similarly situated co-accused persons have already been granted bail by this Court, let the above named petitioner 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 Judicial Magistrate-1st Class, Samastipur in connection with Patory P.S. Case no. 416 of 2022. (Ramesh Chand Malviya, J) Anand Kr.

U T