Sadan Mahto @ Fatinga Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5177 of 2015 Arising Out of PS.Case No. -182 Year- 2013 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Sadan Mahto @ Fatinga Mahto, Son of Jhatkan Mahto, Resident of Vill.- Choki,P.S-Sahebpur Kamal,District-Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar, Adv. For the Opposite Party/s : Mr. Md.Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 06-02-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody since 25.09.2014 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is that the informant received repeated calls from Mobile No. 8404989042 regarding the price of Mentha Oil thereafter he was asked to come at a place. When the informant went to the place as directed by the person on the Mobile Phone with his nephew Vyas Kumar, he was robbed of the motorcycle and mobile by unknown. The First Information Report was lodged against unknown. During investigation, it was found that the aforesaid mobile belongs to the petitioner. It is further submitted that no T.I.P. has been held. After investigation, chargesheet has already been submitted and there is no chance of

Patna High Court Cr.Misc. No.5177 of 2015 (2) dt.06-02-2015 tampering with the evidence.

The learned counsel for the State submits that the petitioner has also criminal antecedent.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released 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 Shri Deo Priya Kumar, Judicial Magistrate 1st Class, Beguasarai in connection with Sahebpur Kamal P.S. Case No. 182 of 2013 under Section 392 of the Indian Penal Code after framing of charge with the following conditions:

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J.) Vats/- U T