Manish Kumar @ Mangar v. The State Of Bihar

Patna High Court Cr.Misc. No.17038 of 2018 (2) dt.26-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17038 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -MURAR District- BUXAR ======================================================

1. Manish Kumar @ Mangar Son of Late Tuntun Prasad @ Tuntun Kamkar Resident of Village - Chougain, P.S. - Maner, District Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 13.12.2017, seeks bail in Murar PS Case No. 9 of 2017 registered under Sections 461 and 379 of the IPC.

The allegation in brief is that motorcycle of the informant was stolen by sole unknown person, later on the petitioner was apprehended and on his confessional statement the said motorcycle was recovered from the house of one Raja Babu Mahto. Learned Counsel for the petitioner submits that said Raja Babu Mahto, from whose house the stolen motorcycle was recovered has been granted bail by a coordinate Bench of this Court as well as other co-accused Dhanraj Yadav and the petitioner is in custody since 13.12.2017.

Whereas learned Counsel for the State submits the case of the petitioner stands on different footing to others as leading to his confessional statement the motorcycle was recovered. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. The petitioner may renew the prayer for bail after four months after framing of the charge if the trial is not concluded within the said period.

Snkumar/- (Arun Kumar, J.) U T