Patna High CourtCR. MISC./18054/2016bail granted

Mukesh Mahto @ Mukesh Kumar v. The State Of Bihar

2016-05-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18054 of 2016 Arising Out of PS.Case No. -534 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Mukesh Mahto @ Mukesh Kumar Son of Ganga Mahto, Resident of Village- Naulakha Maheshwara, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 8.10.2015 in a case registered for the offences punishable under Section 414 of the Indian Penal Code, sections 45 and 46 of Prisoners Act and section 22 of NDPS Act.

The prosecution case is that the Superintendent of Begusarai jail submitted a written report to the effect that on 26.9.2015 between 1.30 to 3.35 P.M. the jail was raided under the leadership of Superintendent of Police and other senior police officers. During raid, one SIM of Vodafone along with Rs.3750/-, a golden chain from co accused Abhinandan Kumar, 10 grams ganja and a broken charger were seized from the room of Ashok Kumar Rai who was working as cook in the jail. It

Patna High Court Cr.Misc. No.18054 of 2016 (2) dt.18-05-2016 2/2 is alleged that co accused Mithilesh Mishra, Sant Kumar Yadav and petitioner Mukesh Mahto used to assist Ashok in jail kitchen. It is submitted by the learned counsel for the petitioner that the petitioner was accused in a case under section 304 B IPC and was in custody and admittedly no recovery was made from the petitioner but maliciously he has been roped in the present case. Considering the fact that no recovery has been made from the petitioner, let the above named petitioner 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 1st Additional Sessions Judge cum Special Judge, NDPS Act, Begusarai in connection with Begusarai Town P.S. Case No. 534 of 2015.

(Dinesh Kumar Singh, J) Anil/- U T