Patna High CourtCR. MISC./57932/2022allowed

Michael Nut @ Bhaynkar Rathour v. The State Of Bihar

2023-02-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57932 of 2022 Arising Out of PS. Case No.-92 Year-2001 Thana- BARACHATTI District- Gaya ====================================================== MICHAEL NUT @ BHAYNKAR RATHOUR Son of Jamuna Rathour R/VMadanbigha Tola Munshibigha, P.S- Barun, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== 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 filed the instant application for grant of regular bail in connection with Barachatti P.S. Case No. 92 of 2001 registered under section 392 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they snatched motorcycle of the informant on pistol point, when the informant along with one Shatrughan Kumar was passing through Bhailwa village. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner is not named in F.I.R. rather his name came into light in this case on

Patna High Court CR. MISC. No.57932 of 2022(3) dt.16-02-2023 2/2 when motorcycle was recovered from one Raja Murad. It is further submitted that nothing has been recovered from the possession of the petitioner and also he has also not been put on T.I.P. He is languishing in judicial custody since 29.04.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barachatti P.S. Case No. 92 of 2001 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 S.D.J.M, Sherghati, Gaya.

(Sunil Kumar Panwar, J) shubham/- U T