Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69756 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- BIHTA District- Patna ====================================================== MUKESH RAI Son of Bishun Rai Resident of Village - Lodipur, P.S.- Maner, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bihta PS case no. 145 of 2019 instituted for the offence punishable under Section 392 of Indian Penal Code. The allegation is regarding unknown accused persons having intercepted the informant and having looted his motorcycle.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, is having a clean antecedent and neither any T.I. parade has been held so as to connect the petitioner with the alleged crime nor the stolen motorcycle has been recovered from his possession and the fact is that the same has been

Patna High Court CR. MISC. No.69756 of 2019(2) dt.10-01-2020 2/2 recovered from the possession of co-accused person namely Gajadhar Kumar. It is further submitted that similarly situated co-accused persons have already been granted regular bail by a co-ordinate Bench of this Court vide order dated 14.11.2019 passed in Cr. Misc. no. 66236 of 2019 and order dated 28.11.2019 passed in Cr. Misc. no. 69652 of 2019. The petitioner is said to be languishing in custody since 27.07.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that similarly situated persons have already been granted bail by co-ordinate Bench of this Court, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur in connection with Bihta PS case no. 145 of 2019. (Mohit Kumar Shah, J) rinkee/- U T