Patna High CourtCR. MISC./5759/2019bail granted

Mahanth Mahto v. The State Of Bihar

2019-02-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5759 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== MAHANTH MAHTO, son of Hira Lal Mahto, R/o village- Sarotar, P.SDumariyaghat, Distt. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Dumariyaghat P.S. Case No. 188 of 2018, instituted for the offence under Section(s) 461 and 379/34 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of the petitioner. No Test Identification Parade has been held. He further submits that no Test Identification Parade of those articles has been held by the police till date.

It is mentioned in the seizure-cum-production list which is part of the First Information Report that certain items

Patna High Court Cr.Misc. No.5759 of 2019(2) dt.01-02-2019 2/2 were recovered from the house of the petitioner. The seizure list does not bear signature either of the petitioner or any of his family members.

Petitioner is in custody since 4.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Dumariyaghat P.S. Case No. 188 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T