Sanjeet Kumar @ Muna Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13984 of 2023 Arising Out of PS. Case No.-279 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== SANJEET KUMAR @ MUNA MAHTO S/O LATE UMESH MAHTO Resident of Village- Kakariya, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 279 of 2019, registered for the offences punishable under Sections 414 and 420 of the Indian Penal Code. The allegation is that when the informant alongwith his police force were on patrolling duty, on the alleged date and time of occurrence, they received information that some miscreants, who were planning to commit some crime, have been caught and one of their accomplice namely Munna Mahto has hidden a truck, which was being used for committing theft, in the vacant land situated
2/4 adjacent to the house of one Vidyashankar Singh @ Munna Singh, whereafter the informant along with his police force had gone to the said place and seized a truck. It is further alleged that upon interrogation being made, the said Vidyashankar Singh disclosed that the said truck has been parked there by one Munna Mahto.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is accused in two other criminal cases but he is on bail in the said two cases. It is also submitted that neither the petitioner has any connection with the truck in question nor with the place from where the truck has been seized and he has been falsely roped in the present case without there being any material on record to connect him with the alleged occurrence.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of
3/4 anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that prima facie there does not appear to be any material on record to show the complicity of the petitioner in the alleged crime, apart from the fact that it is the categorical averment of the petitioner that the truck in question does not belong to him, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif (Nalanda) in connection with Noorsarai P.S. Case No. 279 of 2019 subject to the conditions
4/4 as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/sonalU T