Animesh Kumar @ Aminesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71826 of 2023 Arising Out of PS. Case No.-471 Year-2023 Thana- PATNA GRP CASE District- Patna ====================================================== Animesh Kumar @ Aminesh Kumar Son Of Madan Prasad @ Madan Shah Resident Of Village - Godva (Godiya) Tola, P.S.- Bettiah Mufassil, District - West Champaran At Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 414 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, there has been recovery of seven mobiles along with one bag which are said to be stolen one.

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. It is further submitted that he has no concern with the alleged occurrence and the said bag belongs to the petitioner. As far as recovery of mobile phones

Patna High Court CR. MISC. No.71826 of 2023(2) dt.07-11-2023 2/2 are concerned, it cannot be said that the said mobiles are stolen one. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 12.10.2023 in Cr. Misc. No. 64790 of 2023. Moreover, the petitioner is languishing in judicial custody since 10.06.2023.

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 Patna Junction (Rajendra Nagar) P.S. Case No. 471 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 Railway Judicial Magistrate, Patna.

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