Mukesh Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60375 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== Mukesh Kumar Soni S/O- Dashrath Sah Vill - Dighwa Dighauli, P.S. - Baikunthpur, Dist - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pachrukhi Sarai P.S. Case No. 280 of 2024 instituted for the offence under Section 414 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that 66 Kg of electric wire is recovered from the shop of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-06-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.60375 of 2024(2) dt.31-08-2024 2/3 counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner runs scrap shop and two unknown persons came with electric wire and sold the same to the petitioner. Petitioner was not aware about the articles alleged to be stolen. There is no independent witness to the seizure list. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pachrukhi Sarai P.S. Case No. 280 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.60375 of 2024(2) dt.31-08-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T