Nirmal Kumar Mehta @ Nirmal Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71130 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- BIRPUR District- Supaul ====================================================== NIRMAL KUMAR MEHTA @ NIRMAL MEHTA Son of Sahdev Mehta Resident of Village- Dahgama, P.S.- Karjain, District- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code As per the prosecution case, the informant states that on returning from the shop he found his motorcycle which was parked was missing. He states that on inquiry it transpired that the petitioner and one another have a hand in the disappearance of his motorcycle.

It is submitted by learned counsel for the petitioner that an unfounded suspicion has been raised by the informant against the petitioner in the FIR. Referring to the order of the learned trial Court wherein the material that has transpired in

Patna High Court CR. MISC. No.71130 of 2021(2) dt.06-06-2022 2/2 course of investigation has been dealt with it is submitted that no direct material has been found to connect the petitioner with the alleged crime. The vehicle in question was not recovered from the possession of the petitioner. He is in custody since 2.7.2021 and investigation in the case has concluded. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the vehicle not having been recovered from the possession of the petitioner together with the petitioner having remained in custody for 11 months, the Court directs the petitioner to be enlarged on bail in connection with Birpur (Bhimpur O.P) P.S. Case no. 8 of 2021 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 A.C.J.M-I, Birpur, District Supaul. (Partha Sarthy, J) Prakash/- U