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Patna High CourtCR. MISC./706/2024allowed

Suraj Manjhi @ Suraj Kumar Manjhi v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.706 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Suraj Manjhi @ Suraj Kumar Manjhi, S/O Rajan Manjhi, R/O VillageBhorahopur Mathiya, P.S. Ekma, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mahua P.S. Case No. 344 of 2023 for the offence registered under Sections 461, 379, of the I.P.C. and later on Sections 411, 413 and 414 of the Indian Penal Code is added.

3. As per the prosecution case, informant lodged FIR against unknown of committing theft in his mobile shop of worth Rs. 20,000,00/- (Rs. Twenty Lac) and some stolen mobile phones were recovered from possession of petitioner and other co-accused Deepak Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. He has further

Patna High Court CR. MISC. No.706 of 2024(2) dt.24-01-2024 2/2 submitted that the he is not named in the FIR. There is no recovery made from conscious possession of the petitioner rather the recovery of five mobile phones has been made from the rented house of the petitioner with which petitioner has no concern. Further, similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 56877 of 2023. Petitioner is in jail custody since 01.07.2023. Petitioner has one criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Mahua P.S. Case No. 344 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T