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Patna High CourtCR. MISC./66428/2023bail granted

Mannu Kumar v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66428 of 2023 Arising Out of PS. Case No.-641 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== MANNU KUMAR S/o- MADAN PRASAD R/o- Harijan Colony Q.No-51, Ps- Patliputra Dist- Patna P/A- Mannu Bike Service Forest Dept. PsPatliputra Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shastri Nagar P.S. Case no.641 of 2023 registered under section 381 of the Indian Penal Code.

3. As per the prosecution case, the informant states that they had gone to Nanital for a vacation. On return they found that ornaments worth Rs.15-16 lakhs, details of which have been given in the F.I.R, were stolen.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against accused Guddu Keshari who was the housekeeper of the informant and against whom the informant had raised suspicion in the F.I.R. The name of the

Patna High Court CR. MISC. No.66428 of 2023(2) dt.16-10-2023 2/3 petitioner transpired in course of investigation in the confessional statement of the said Guddu Kesari. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner, it is further stated that in course of investigation, the material that has transpired is that Guddu Keshari sold some of the stolen ornaments to this petitioner who in turn sold it to one Abhinandan Soni. It is alleged that recovery of some articles took place both from the petitioner and also Abhinandan Soni. Abhinandan Soni has been enlarged on bail vide order dated 21.9.2023 passed in Cr. Misc. no.62311 of 2023. The petitioner is in custody since 2.8.2023 (and not 16.7.2023).

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the material that has transpired in course of investigation as is borne out from the order of the learned trial Court rejecting the application for bail of this petitioner, grant of bail to co-accused Abhinandan Soni by the above mentioned order and the petitioner having remained in custody since 2.8.2023, the petitioner is directed to be enlarged on bail in connection with Shastri Nagar P.S. Case no.641 of 2023 on furnishing bail bond

Patna High Court CR. MISC. No.66428 of 2023(2) dt.16-10-2023 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Patna.

(Partha Sarthy, J) Shiv/- U T