Hansh Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7873 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Hansh Lal Mahto Son Of Vijay Mahto @ Vijay Kumar Mahto Resident Of Village- Badarbanna, Police Station- Bahera, District- Darbhanga 2.

Md. Subhani Son Of Md. Nasir @ Md. Nasir Alam Resident Of VillageBadarbanna, Police Station- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners has prayed for regular bail in a case registered for the offence punishable under sections 414, 420, 467 of the Indian Penal Code.

3. As per FIR, the petitioners were apprehended on the spot with a stolen Glamour motorcycle.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and

Patna High Court CR. MISC. No.7873 of 2024(2) dt.17-02-2024 2/3 have committed no offence. The petitioners have no concern with the alleged occurrence. While the petitioners were returning to their village from their working place, in the way, police had seized the alleged motorcycle and told them to become witness of the seizure and when they denied to do so, they have falsely been implicated in this present case. It is further submitted that during preparation of the Seizure List, Section 100 of the Cr.P.C. has not been followed. The petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 24.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail after framing of charge, if not framed. The above named petitioners are directed to be released on bail in connection with Manigachhi (Bajitpur O.P.) P.S. Case No. 230 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.7873 of 2024(2) dt.17-02-2024 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Darbhanga.

(Sunil Kumar Panwar, J) Nirajkrs/- U T