Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10102 of 2021 Arising Out of PS. Case No.-333 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== MANTOSH KUMAR SON OF VINAY KUMAR PASWAN R/O VILLAGEDUMRI COLONY, WARD NO.-14, P.S.- CHITRAGUPTA NAGAR, DISTRICT- KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the State :

Ms. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Khagaria (Chitragupta Nagar O.P) P.S. Case no. 333 of 2020 registered under sections 380, 461 and 411 of the Indian Penal Code.

As per allegation in the FIR, the petitioner was caught making an attempt to commit theft from the ATM. It is stated that iron-rod and other equipments meant for breaking open the ATM was also found in his possession.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He

Patna High Court CR. MISC. No.10102 of 2021(2) dt.14-06-2021 2/2 has not committed any office. There is inordinate delay in lodging of the FIR. He has no criminal antecedent and is in custody since 6.5.2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for over one year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khagaria (Chitragupta Nagar O.P) P.S. Case no. 333 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria. (Partha Sarthy, J) Prakash/- U T