Mogli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2904 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Mogli Kumar S/O Yugeshwar Manjhi @ Yugeshwar Manjhi Resident Of Under Bairagi, Ps. Delha, Dist. Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 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 394, 411 of the Indian Penal Code.

As per allegation in the FIR, three miscreants snatched the bag of informant containing documents, mobile phone and ring while he was traveling in train. It is further alleged that informant caught two miscreants. In the meantime, one persons assaulted the informant by means of lathi-danda due to which he sustained

Patna High Court CR. MISC. No.2904 of 2024(2) dt.06-02-2024 2/3 injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case on the basis of confessional statement of coaccused, before the police, which got no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 24.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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.2904 of 2024(2) dt.06-02-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Gaya Rail P.S. Case No. 212 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 Railway Judicial Magistrate, Gaya.

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