Kopendra Mahto @ Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3163 of 2019 Arising Out of PS. Case No.-24 Year-2015 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Kopendra Mahto @ Upendra Mahto, s/o Komal Mahto Village Hadabad PS Kako Distt Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Makhdumpur (Tehta O.P.) PS case no. 24 of 2015 registered for the offence punishable under Section 392 of Indian Penal Code.

The allegation is regarding unknown accused persons having entered the house of the informant and committed dacoity.

The learned counsel for the petitioner submits that the petitioner is a non-FIR named accused person and his name has transpired in the present case on the basis of confessional statement of co-accused Navin Ram @ Ravia. It is further submitted that neither any recovery has been made from

Patna High Court Cr.Misc. No.3163 of 2019(2) dt.23-01-2019 2/2 the conscious possession of the petitioner nor any test identification parade has been conducted so as to connect the petitioner with the alleged crime. It is further submitted that barring one case in which the petitioner is on bail, the petitioner is having a fair antecedent and he is in custody since 19.09.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioners are directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. , Jehanabad in connection with Makhdumpur (Tehta O.P.) PS case no. 24 of 2015.

(Mohit Kumar Shah, J) rinkee/- U T