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Patna High CourtCR. MISC./3960/2015bail granted

Dhanna Seth @ Dhanraj Mahto @ Rakesh @ Rakesh Kumar And ANR v. The State Of Bihar

2015-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3960 of 2015 Arising Out of P.S. Case No. -214 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Dhanna Seth @ Dhanraj Mahto @ Rakesh @ Rakesh Kumar Son of Mishrilal Mahto, Resident of Village - Harsinghpur Nautan, P.S.- Sakara, District- Muzaffarpur

2. Manoj Mahto, son of Dwarika Mahto, Resident of Village- Chiraiya Bazar, P.S.- Sonpur, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Surendra Pd.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioners seek regular bail in Motipur P.S. Case No. 214/2013 registered under Sections 395, 412, 414, 328 of the Indian Penal Code.

The informant alleged that the dacoits came in front of his truck and looted Rs. 50,000/- from his possession. The dacoits also took away his truck after throwing the informant and the cleaner of the truck by the side of the road. The police chased the dacoits and apprehended five persons along with the truck bearing registration no. RJ07G4174 and a Scorpio bearing registration no. BR31P-2447. The apprehended accused disclosed their names as Vinay Kumar, Sujit Kumar, Mithilesh Thakur,

Patna High Court Cr.Misc. No.3960 of 2015 (2) dt.29-01-2015 2/2 Gayatri Devi, Rekha Devi. The apprehended accused disclosed the names of the petitioners Dhanna Seth, Manoj Mahto, besides the names of other accused Shyam Kumar Rai and Sonu @ Sudhan. Learned counsel for the petitioners submits that the petitioners were not apprehended on the spot. Nothing has been recovered from the possession of the petitioners. The petitioners are in jail since 08.07.2014 and 30.08.2014, but they have not been put on T.I.P. as yet.

Having considered the facts that the names of the petitioners came from the mouth of the apprehended accused but nothing has been recovered from the possession of the petitioners and the petitioners were not put on T.I.P., the above named petitioners are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Muzaffarpur in Motipur P.S. Case No. 214 of 2013.

(Prabhat Kumar Jha, J) Dilip/- U T