Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68914 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KOTHI District- Gaya ====================================================== Mritunjay Kumar S/O Uday Paswan R/O Village- Biti Bigha, P.S- Sherghati, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Kothi P.S. Case no. 67 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, three accused persons on a motorcycle are said to have stopped the motorcycle of the informant and taken away his bag containing a total amount of Rs.1,64000/-.

4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. Referring to the order of the learned Trial Court rejecting the application for bail of the petitioner it is submitted that the name of the petitioner transpired in the confessional statement of the co-accused made before the police. Contrary to

Patna High Court CR. MISC. No.68914 of 2023(2) dt.01-11-2023 2/2 allegations no incriminating article has been recovered from the petitioner's possession and one of the co-accused Rahul Paswan has been enlarged on bail vide order dated 11.10.2023 passed in Cr. Misc. No. 64064 of 2023. The petitioner is in custody since 24.6.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR and name of the petitioner having transpired in the confessional statement of the co-accused made before police, grant of bail to co-accused Rahul Paswan by above mentioned order, the petitioner having remained in custody since 24.6.2023 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kothi P.S. Case no. 67 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 Judicial Magistrate, 1st Class, Sheghati, District-Gaya.

(Partha Sarthy, J) ajay/- U T