Mritunjay Kumar @ Mirtunjay Kumar @ Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64787 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== Mritunjay Kumar @ Mirtunjay Kumar @ Mrityunjay Kumar S/O Chandradeo Yadav R/O Village- Chakka, P.S- Nowkothi, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

3. The prosecution case in nutshell is that the informant has borrowed a motorcycle from his friend. While he was in way, 4 miscreants intercepted him and looted the motorcycle and mobile phone from his possession.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.64787 of 2023(2) dt.12-10-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner was not named in the F.I.R. rather his name sprang up in this case on the basis of suspicion that mobile phone which was allegedly a looted property was used by the petitioner but the description of looted mobile has nowhere been mentioned by the informant. There is an inordinate delay of 4 days in lodging the F.I.R. Moreover, the petitioner is languishing in judicial custody since 06.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Neemachandpura P.S. Case No.

Patna High Court CR. MISC. No.64787 of 2023(2) dt.12-10-2023 3/3 90 of 2023 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 Chief Judicial Magistrate, Begusarai.

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