Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.379 of 2024 Arising Out of PS. Case No.-264 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Mahesh Kumar Son of Tarengan Saw @ Taregan Saw @ Taregna Sao R/o vill - Khizarsarai, P.S. - Khizarsarai, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-01-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Khizarsarai P.S. Case No.264 of 2020 registered for the offence under Section 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code has been added.

3.

The allegation against the petitioner is to have stolen two seats of tempo and 16 bags of salt belonging to the informant along with other co-accused person. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It has been submitted that nothing and has been recovered from the possession of the

Patna High Court CR. MISC. No.379 of 2024(2) dt.19-01-2024 2/2 petitioner. It has further been submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 72248 of 2021 dated 07.06.2022. It has been submitted that the petitioner is in custody since 07.06.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and nature of allegation as well as period of custody, let the petitioner, above named, is directed to be released on bail in connection with Khizarsarai P.S. Case No.264 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya. (Ramesh Chand Malviya, J) S.Katyayan/- U T