Mani Bhushan Kumar @ Sanjeev Kumar @ Mani Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74515 of 2023 Arising Out of PS. Case No.-372 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Mani Bhushan Kumar @ Sanjeev Kumar @ Mani Gope Sumindra Kumar R/O Village- Her Prasad Bigha Konhara (Konha Par), P.S.- Ben, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 379 and 411 of the Indian Penal Code.

3. Prosecution case relates to theft of one motorcycle of the informant by the unknown persons.

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. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Shashi Bhushan and Lalu Kumar before the police which has

Patna High Court CR. MISC. No.74515 of 2023(2) dt.02-12-2023 2/2 got no evidentiary value in the eye of law. The theft motorcycle has not been recovered from the possession of the petitioner rather it has been recovered from the Garage of co-accused Shashi Kumar. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.08.2023.

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 Noorsarai P.S. Case No. 372 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 J.M. 1st Class, Nalanda at Bihar Sharif. (Sunil Kumar Panwar, J) Shubham/- U T