Santosh Mahto @ Santosh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13835 of 2024 Arising Out of PS. Case No.-155 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Santosh Mahto @ Santosh Mahton Son of Hulan Mahto Resident of VillageKabira, P.S.- Salkhua (Chiraiya O.P.), Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Alauli P.S. Case No. 155 of 2020 instituted for the offence under Section 394 of the Indian Penal Code.

3.

As per prosecution case, four unknown miscreants have assaulted the informant with lathi and snatched his mobile, Rs. 5,200/- and clothes. It is also alleged that one of the miscreants had put arms on his Kanpatti.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-06-2023. Petitioner

Patna High Court CR. MISC. No.13835 of 2024(4) dt.26-04-2024 2/3 bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Kamlesh Chaudhary, who has been granted bail by this Court vide order dated 05-09-2023, passed in Cr. Misc. No. 59084 of 2023. Other co-accused has been granted bail by this Court, vide order dated 19-02-2024, passed in Cr. Misc. No. 8291 of 2024. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alauli P.S.

Patna High Court CR. MISC. No.13835 of 2024(4) dt.26-04-2024 3/3 Case No. 155 of 2020.

(Rudra Prakash Mishra, J) Raj Kishore/- U T