Manish Kumar @ Dhoni Kumar @ Dhoni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70198 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Manish Kumar @ Dhoni Kumar @ Dhoni S/O Yogi Mandal @ Jogi Mandal R/O Village- Barateni, Ward No.4, P.S- Udakishunganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the IPC and later on Section 411 of the IPC has been added.

3. As per prosecution case, the informant was going by his Apache TVS vehicle from his village and he parked his vehicle leaving the key in the vehicle and started urinating. It is further alleged that in the meantime, some unknown miscreants came by motorcycle and fled away with informant's motorcycle.

Patna High Court CR. MISC. No.70198 of 2023(2) dt.03-11-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of other accused person. He submitted that the seizure list of the said motorcycle has been mentioned in para-18 of the case diary. A perusal of the seizure list dated 13.06.2023 clearly shows that the said motorcycle has been seized on Puraini Police Station. Further, it has not been mentioned that the said motorcycle has been recvoered from the possession of the petitioner. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 14.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.70198 of 2023(2) dt.03-11-2023 3/3 satisfaction of the learned Judicial Magistrate-1st Class, Udakishunganj, Madhepura in connection with Puraini P.S. Case No. 114 of 2023.

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