Patna High CourtCR. MISC./85130/2024bail granted

Mantosh Kumar v. The State Of Bihar

2025-01-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85130 of 2024 Arising Out of PS. Case No.-528 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Mantosh Kumar son of Shyam Kishore Gond @ Shyam Kishore Gaud R/ODharahara, Jamira Bandh, Ward No 35, PS- Ara Town, District- Bhojpur at Ara 2.

Niraj Kumar @ Neeraj Kumar Son of Vijendra Nat @ Vijendra Nut R/ODharahara, Jamira Bandh, Ward No 35, PS- Ara Town, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Ara Town P.S. Case No. 528 of 2024 dated 22.08.2024 registered for the offences punishable u/ss 317(5), 338, 336(3) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, a stolen Apache motorcycle was recovered from the possession of the petitioners which was taken from the co-accused, Lallu @ Aashiq Kumar.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.85130 of 2024(2) dt.15-01-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The said motorcycle was taken from the co-accused, Lallu @ Aashiq Kumar but they were unaware that it was stolen property. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 23.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Town P.S. Case No. 528 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T