Patna High CourtCR. MISC./3954/2018bail granted

Pramod Mahto v. The State Of Bihar

2018-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3954 of 2018 Arising Out of PS.Case No. -284 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Pramod Mahto Son of Ram Lakhan Mahto Resident of villageMubarakpur, P.S.- Musrigharari, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Rosera P.S. Case No.284 of 2017, a case under Section 392 of the Indian Penal Code.

The petitioner is not named in the F.I.R. relating to an occurrence of robbery. During investigation a call was made on the mobile phone of the petitioner from the looted SIM and thereafter the petitioner has been implicated in this case. Submission is that the learned Sessions Judge has committed error of record in stating that the recovery of looted mobile was from the possession of the petitioner, which would be clear from the seizure-list as well as allegation in the F.I.R. disclosing detailed identity of the mobile.

Patna High Court Cr.Misc. No.3954 of 2018 (2) dt.19-01-2018 P2/ Considering the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T