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Patna High CourtCR. MISC./27116/2018bail granted

Mannu @ Mannu Kumar @ Abhimannu Kumar @ Avinash Kumar And ANR. v. The State Of Bihar

2018-07-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27116 of 2018 Arising out of PS.Case No. -73 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. MANNU @ MANNU KUMAR @ ABHIMANNU KUMAR @ AVINASH KUMAR, S/o Arjun Ram, R/o Tufanganj, P.S.- Rahui, District- Nalanda.

2. Sharwan Singh @ Shrawan Kumar S/o Late Arjun Singh, R/o Vill.- Tungi, P.S.- Deepnagar, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Bihar P.S. Case No. 73 of 2017 registered for the offences punishable under Section 395 of the Indian Penal Code. The allegation is regarding the accused persons having apprehended a truck and thereafter had not only looted the sugar from the truck but had also fled away with the truck. It is further alleged that the accused persons had kept the driver and khalasi of the truck in confinement for some time.

The learned counsel for the petitioners submits that as far as the present case is concerned, no T.I. Parade has been held

Patna High Court Cr.Misc. No.27116 of 2018 (4) dt.09-06-2018 2/2 and no recovery has been made from the petitioners. It is further submitted that the petitioners have been implicated in the present case after more than six months merely on the ground that they are accused in other cases. Lastly, it is submitted that the petitioner no. 1 is languishing in custody since 15.12.2017 and the petitioner no. 2 is languishing in custody since 16.11.2017. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 73 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T