Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6582 of 2023 Arising Out of PS. Case No.-40 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Lalan Mahto S/O Jamuna Singh @ Jamuna Mahto R/V- Ageya, P.S.- Goreakothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

Petitioner along with another are said to have stolen away the truck of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that though the petitioner is named in the FIR but nothing has come in the investigation. He submits that the informant is not an eye witness of the occurrence and merely on suspicion, he has been made accused in this case. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has one

Patna High Court CR. MISC. No.6582 of 2023(2) dt.11-04-2023 2/2 criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goreakothi P.S. Case No. 40 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T