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Patna High CourtCR. MISC./63752/2023allowed

Mahendra Kumar Singh @ Mahendra Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63752 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Mahendra Kumar Singh @ Mahendra Yadav S/O Veer Bahadur Yadav R/O Village- Pokhra Tola, P.S- Navanagar, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

3. As per prosecution case, the allegation against six unknown miscreants is that they intercepted the car of the informant and on the point of pistol threw his mobile phone in water and took Rs. 600/- kept on the dash board of his car and thereafter, three accused on pulsar bike, two accused on Apache bike and one accused on informant's car fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63752 of 2023(2) dt.10-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR and his name has been transpired during investigation merely on the basis of suspicion without any cogent material. Nothing stolen article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 16.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawanager P.S. Case No. 271 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar.

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