Patna High CourtCR. MISC./81443/2023allowed

Mantu Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81443 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Mantu Kumar Son of Ramnarayan Yadav R/O Village- Jirwa Ward No. 2, P.S.- Shankarpur And Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is an accused in connection with Shankarpur P.S. Case No.116 of 2023 registered under Sections 392 and 411 of the I.P.C.

3. As per prosecution case, one looted motorcycle was recovered from possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case. The petitioner has taken the recovered motorcycle from co-accused Mukesh Kumar for taking medicine from the shop. In the meantime, the police recovered the said motorcycle from the petitioner. Petitioner had no knowledge about the fact that the motorcycle is a stolen one.

Patna High Court CR. MISC. No.81443 of 2023(2) dt.09-01-2024 2/2 The petitioner has no criminal antecedent and he is a young man of 19 years. He is in custody since 27.06.2023. It is also submitted that the co-accused Mukesh Kumar has been granted bail by a coordinate bench of this Court vide order dated 06.11.2023 passed in Cr.Misc.No.70455 of 2023. He also submits that the charge sheet has already been submitted before the court below.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the above facts and circumstances of the case as well as the submissions advanced by the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Madhepura in connection with Shankarpur P.S. Case No.116 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T