Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47613 of 2017 Arising Out of PS.Case No. -255 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Raju Mahto S/o Jamun Mahto, R/o Village- Deena Nagar Ghat Road, P.S.- Kotwali (Adampur), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 02.07.2017 in connection with Kotwali (Adampur) P.S. Case No. 255/17 for offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he kept his laptop and mobile of his relative Mudrika Kumari on the bed near the bed room, he found the said laptop and mobile missing.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and not

Patna High Court Cr.Misc. No.47613 of 2017 (2) dt.11-10-2017 2/2 named in the First Information Report. He submits that his name surfaced during investigation and on his confessional statement before the police, which has no evidentiary value in the eye of law. He further submits that for the said offence he has been aptly punished.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Naugachhiya, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No. 255/17, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T