Mukesh Kumar @ Mukesh Das @ Mukesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83078 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Mukesh Kumar @ Mukesh Das @ Mukesh Kumar Das Son Of Vijay Das R/O Village- Shahabad, P.S.- Sultanganj, Dist.- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392, 324 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was going on his bike, three unknown bikers stopped him and snatched away his mobile and motorcycle. It is further alleged that petitioner was identified in C.C.T.V. footage. It is further alleged that petitioner was caught and on his search, mobile phone

Patna High Court CR. MISC. No.83078 of 2023(2) dt.08-01-2024 2/3 was recovered which was alleged to be looted. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted vide para 8 of the petition that nothing was recovered from the possession of petitioner and the said mobile belongs to the petitioner. There is no C.C.T.V. footage on the record. There is no eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 04.04.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sultanganj P.S. Case No. 183 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.83078 of 2023(2) dt.08-01-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bhagalpur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T