Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17305 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== VIJAY MAHTO Son of Tildhari Mahto Resident of Village - Araria, P.S.- Kanhauli, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, three unknown motorcycle borne miscreants snatched motorcycle and mobile phone from the informant on the point of pistol.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.17305 of 2021(2) dt.08-07-2021 2/3 conscious possession of the petitioner. Petitioner's name has figured during course of investigation in his confessional statement recorded in some other case. Test Identification Parade has not been carried out till date. Petitioner is in custody since 16.10.2020.

Considering the rival submissions of the parties, materials available on the record and the fact that No incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate Pupari Sitamarhi in Bajpatti Police Station Case No. 20/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.17305 of 2021(2) dt.08-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T