Ram Naresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22898 of 2021 Arising Out of PS. Case No.-604 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== RAM NARESH MAHTO Son of Late Kuldeep Mahton Resident of VillageKanda, P.S.- Kaira, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Kumari For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection Bodh Gaya P.S. Case no. 604 of 2018 registered for the offence punishable under section 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant has alleged that every day he used to park his Scorpio in front of his house and for the safeguard measure a strong iron chain was used by him and on 14.10.2018 till midnight car was there and in the morning his father woke up and he did not see the car and thereafter, FIR came to be instituted.
Learned counsel for the petitioner next submits that
Patna High Court CR. MISC. No.22898 of 2021(2) dt.17-11-2021 2/2 petitioner is in custody since 17.10.2018 and FIR was instituted on 15.10.2018 and it was after nearly two years, petitioner has been remanded in this case on 15.09.2020. He further submits that from perusal of Annexure 2, it would manifest that petitioner has been implicated in nine cases and he was not named in all those cases and after two years, petitioner has been falsely implicated in this case.
Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 15.09.2020, charge sheet has been submitted, the petitioner is directed to 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 the Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case no. 604 of 2018. (Satyavrat Verma, J) s.hassan/- U T