Shiv Narayan Mahto @ Shibu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13990 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shiv Narayan Mahto @ Shibu Son of Yugeshwasr Mahto Resident of VillageBombaiya Harlal, Ward no.6, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bibhutipur P.S. Case No.308 of 2023 registered for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. 3.

Allegation against the petitioner is to have assembled along with other co-accused person for preparation of commission of offence, where, there is recovery of two mobiles and one motorcycle from the possession of this petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner has

Patna High Court CR. MISC. No.13990 of 2024(2) dt.01-03-2024 2/2 no concern with the alleged occurrence as well as seized motorcycle. It is also submitted that similarly situated coaccused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 79271 of 2023 on 22.01.2024. It is further submitted that petitioner is in custody since 11.08.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bibhutipur P.S. Case No.308 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd, Rosera, Samastipur.

(Ramesh Chand Malviya, J) S.Katyayan/- U T