Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68681 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== MONU KUMAR Son of Sunil Saw Resident of Village - Korji, P.S. - Phulwarisharif, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard.

The petitioner seeks regular bail in connection with Danapur Rail P.S. Case No. 76 of 2021, registered for the offence punishable under sections 379/411 of the Indian Penal Code.

The allegation is regarding the petitioner having pick pocketed the mobile phone of the informant and while he was trying to flee away, he was caught with the help of passersby whereafter upon search being made, the mobile phone of the informant was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, is having a clean antecedent and is languishing in custody since 09.08.2021. The learned counsel for the petitioner has further submitted that the petitioner has

Patna High Court CR. MISC. No.68681 of 2021(2) dt.05-05-2022 2/2 been falsely implicated in the present case although he is having no complicity in the matter, only on account of altercation which had taken place in between the informant and the petitioner.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Railway Judicial Magistrate, Patna in connection with Danapur Rail P.S. Case No. 76 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T