Patna High CourtCR. MISC./66925/2024bail granted

Mantu Kumar v. The State Of Bihar

2024-10-01Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66925 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Mantu Kumar Son of Dharmendra Prasad Jaiswal @ Dharmendra Prasad R/o Village- Amwa Tonwa, P.S.- Jharokher, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Dhaka P.S. Case No. 57 of 2024, registered on 07.02.2024 for the alleged offences under Sections 461 and 379 of the Indian Penal Code.

3. As per prosecution case, a theft was committed in the hardware shop of the informant and the miscreants took away a number of articles from the shop worth Rs.15 lakhs. The name of the petitioner transpired during investigation for being involved in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.66925 of 2024(2) dt.01-10-2024 2/3 case as nothing incriminating has been recovered from the person or possession of the petitioner. The name of the petitioner transpired in this case on the basis of confessional statement of the petitioner in Darpa P.S. Case No. 64 of 2020 and thereafter, the petitioner was remanded in this case on 18.06.2024 and charge sheet has been submitted. The petitioner is having antecedent of four cases out of which he is on bail in three cases.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran/concerned Court in connection with Dhaka P.S. Case No. 57 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

Patna High Court CR. MISC. No.66925 of 2024(2) dt.01-10-2024 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T