Patna High CourtCR. MISC./70455/2023allowed

Mukesh Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70455 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Mukesh Kumar S/O- Dinesh Yadav R/O Village- Jirba, Ward No 2 Ps Shankarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 sections 392 and 411 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they snatched motorcycle of the informant along with his mobile on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came into light in this case on the basis of confessional statement of co-accused Mantu Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been

Patna High Court CR. MISC. No.70455 of 2023(2) dt.06-11-2023 2/2 recovered from the conscious possession of the petitioner. The recovery is from the co-accused Mantu Kumar. Moreover, the petitioner is languishing in judicial custody since 27.06.2023.

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 Shankarpur P.S. Case No. 116 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 A.C.J.M.-I, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T