Patna High CourtCR. MISC./82367/2024bail granted

Abhishek Kumar @ Mantu Kumar @ Mintu Kumar v. The State Of Bihar

2024-12-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82367 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Abhishek Kumar @ Mantu Kumar @ Mintu Kumar Son of Umesh Kumar Resident of village- Papu, ps- Makhdumpur, dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 722 of 2023 instituted for the offences under Section 392/414 of the Indian Penal Code.

3. The prosecution case, in short, is that three unknown miscreants stopped the Informant and snatched his motorcycle and mobile on the gun point from him and fled away from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty party politics. The petitioner is not named in the

Patna High Court CR. MISC. No.82367 of 2024(2) dt.03-12-2024 2/3 F.I.R. and has falsely been implicated in this case merely on the basis of suspicion. The petitioner was not caught on spot and nothing incriminating has been recovered from his conscious possession. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and is languishing in judicial custody since 22.12.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner again submits that the co-accused namely Raju Kumar @ Raju Yadav has been granted bail by this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 56967 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that the looted motorcycle was recovered from the possession of the other co-accused which was allegedly sold by the petitioner. The petitioner has two criminal antecedents and, hence, he does not deserve bail.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.82367 of 2024(2) dt.03-12-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Belaganj P.S. Case No. 722 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T