Patna High CourtCR. MISC./64132/2024bail granted

Mankhush Kumar @ Mankush Kumar v. The State Of Bihar

2024-09-11Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64132 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Mankhush Kumar @ Mankush Kumar Son of Sri Shankar Sahni Resident of Village- Ward no. 16, Lohiya Chowk, P.S.- Maheshkhut, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Adv For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard the parties.

2. The petitioner seeks bail in connection with Barauni G.R.P.S. Case No. 107 of 2024 registered for the offence under Section 414/34 of the I.P.C.

3. The petitioner is named in the F.I.R. and is in custody since 12.05.2024.

4. The allegation against the petitioner is to have in possession of two stolen mobiles.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present case, when face of the FIR is sufficient to suggest that alleged recovery of mobiles

Patna High Court CR. MISC. No. 64132 of 2024(2) dt.11-09-2024 2/3 was not made from conscious physical possession of this petitioner. It is further submitted that seizure list also appears to be disputed as same is not being supported by independent witnesses rather by police personals. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid facts and submissions and by taking note of nature of accusations in totality also, where petitioner is in custody since 12.05.2024, coupled with fact that charge-sheet has already been submitted, accordingly petitioner above named, is directed to be released on bail in connection with Barauni G.R.P.S. Case No. 107 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No. 64132 of 2024(2) dt.11-09-2024 3/3 A.C.J.M. Rail, Barauni/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) kiran/- U T