Patna High CourtCR. MISC./4846/2024bail granted

Tulsi Mahto @ Tulsi Kushwaha @ Raju v. The State Of Bihar

2024-02-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4846 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== TULSI MAHTO @ TULSI KUSHWAHA @ RAJU SON OF LATE DINDAYAL MAHTO RESIDENT OF VILLAGE- BARGAJWA PAKRI, WARD NO. 2 (PAKRI DEWRAJ), PS- RAM NAGAR, DISTRICT- WEST CHAMPARAN (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (APP 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rail Raxaul P.S Case no.29 of 2023 registered under sections 401 and 414 of the Indian Penal Code and sections 20 and 22 of the NDPS Act.

3. As per the prosecution case, while one accused person managed to escape, the petitioner was arrested and 56 ATIVAN tablets of 2 mg and a knife besides other articles were recovered from his possession.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.4846 of 2024(2) dt.07-02-2024 2/2 possession who has been falsely implicated in the case because of oblique reasons. The petitioner is in custody since 24.7.2023 and charge has been framed on 17.10.2023. The petitioner undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his being in custody for 6 months since 24.7.2023 and charge having been framed in the learned trial Court on 17.10.2023, the petitioner is directed to be enlarged on bail in connection with Rail Raxaul P.S. Case no.29 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 Additional Sessions Judge- I -cum- Special Judge, East Champaran, Motihari.

(Partha Sarthy, J) Shiv/- U T