Raj Komal Kumar @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72552 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Raj Komal Kumar @ Mithilesh Kumar S/O Basanto Kharwar At Present Resident Of Bhabhua Ward No. 18, P.S.- Bhabhua, District- Kaimur And Permanent R/O Village- Jagariya, P.S.- Chainpur, District- Kaimur, Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Tiwari For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per allegation in the FIR, while the informant girl was taking fruit juice from a cart, in the meantime, one boy opened her pitthu bag and took out her mobile. On alarm being raised, two boys were apprehended by local persons, who disclosed that they handed over the theft mobile to the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. This case

Patna High Court CR. MISC. No.72552 of 2023(2) dt.28-11-2023 2/2 is triable is learned judicial magistrate. Petitioner was not arrested on spot. Similarly situated other co-accused person has already been granted bail by the lower court. Petitioner is languishing in judicial custody since 14.5.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 satisfaction of the learned ACJMI, Mohania Kaimur at Bhabhua in connection with Mohania P.S. Case No. 313 of 2023.

(Sunil Kumar Panwar, J) sushma/- U