Patna High CourtCR. MISC./82104/2023allowed

Mithun Kumar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82104 of 2023 Arising Out of PS. Case No.-495 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== MITHUN KUMAR S/O MAHESH RAM R/O VILLAGE- MURADPUR, PS. JANIPUR, DIST. PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 section 414, 34 of the Indian Penal Code.

3. As per FIR, on the time of patrolling duty, coaccused persons were apprehended and from their possession one looted motorcycle has been recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner was not apprehended on the spot

Patna High Court CR. MISC. No.82104 of 2023(2) dt.19-12-2023 2/2 and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 01.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwarisharif P.S. Case No. 495 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 Additional Chief Judicial Magistrate-XIV, Patna. (Sunil Kumar Panwar, J) manishkumar/- U