Mantu Kumar @ Chhota Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56324 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Mantu Kumar @ Chhota Don Son Of Surendra Kumar R/V- Charkawa Nichalidih, P.S- Rafiganj, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 468, 471, 120(B) of the Indian Penal Code.
The prosecution case, in brief, is that on 9.6.2022 at 18:30 PM, a hero spender plus motorcycle was standing in front of saloon of Santosh Thakur and the petitioner was standing nearby the motorcycle. Thereafter, the police arrested him and the said motorcycle was seized. Thus, the petitioner was about to sell the stolen motorcycle with a forged document. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on suspicion.
Patna High Court CR. MISC. No.56324 of 2022(2) dt.16-02-2023 2/2 The petitioner has no concern either with the said stolen motorcycle or with this offence. It is further submitted that the seizure list does not show that the said motorcycle was recovered from the possession of the petitioner rather it shows that the said motorcycle was seized in front the shop of the Santosh Thakur. Moreover, the petitioner is languishing in judicial custody since 11.6.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rafiganj P.S. Case No. 209 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.
(Sunil Kumar Panwar, J) Amandeep/- U T