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Patna High CourtCR. MISC./83405/2023allowed

Manni Kumar @ Mani Kumar @ Rockey Kumar v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83405 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- PANDARAK District- Patna ====================================================== Manni Kumar @ Mani Kumar @ Rockey Kumar Son Of Ajay Kumar @ Ajay Yadav Resident Of Village- Sahnaura, P.S.- N.T.P.C., District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madan Prasad Singh No.2 For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 of the Indian Penal Code.

The prosecution case in nutshell is that 3 miscreants stopped the vehicle (Hyva vehicle bering Reg. No. BR-11GB-0207) of informant and ousted him from it and fled away with the vehicle and mobile phone of the informant after tying the informant with rope. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.83405 of 2023(2) dt.04-01-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Mithun Kumar. It is further submitted that looted Hyva was recovered from the house of co-accused Sekh Nasiruddin and looted mobile was recovered from the possession of co-accused Mithun Kumar. Moreover, the petitioner is languishing in judicial custody since 23.08.2023. Similarly situated several co-accused persons have been granted bail by co-ordinate Benches of this Court. 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.

Patna High Court CR. MISC. No.83405 of 2023(2) dt.04-01-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Pandarak P.S. Case No. 14 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Barh, Patna.

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