Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71148 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- Singhaul District- Begusarai ====================================================== Mantosh Kumar S/O Vishundev Sah R/O Vill - Panapur Ward no 2 P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Singhaul P.S. Case No. 95 of 2024 instituted for the offences under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, three accused persons including the petitioner were arrested during vehicle checking as they were not able to produce the valid documents regarding the two motorcycles.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.71148 of 2024(2) dt.05-10-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel referring to paragraph no. 7 of the present bail application submitted that the recovered motorcycle bearing BR09AS 6236 is registered in the name of this petitioner and, therefore, the same cannot be regarded as stolen motorcycle. Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the other motorcycle which has been recovered from co-accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Singhaul P.S. Case

Patna High Court CR. MISC. No.71148 of 2024(2) dt.05-10-2024 3/3 No. 95 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T