Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32632 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ====================================================== Dilip Mahto Son of Late Amresh Mahton, Resident of Village- Rudauli, P.S.- Bachwara, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate For the Opposite Party :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner. No one appears for the State.

Petitioner is seeking regular bail in connection with Barauni Rail P.S. Case No. 91 of 2017, registered for the offence alleged under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report. However in course of search, it is alleged that recovery of a mobile phone has been made and the mobile number tallies with the number mentioned in the First Information Report. However, the submission of learned counsel is that the police is falsely implicating the petitioner in one after another cases which will be apparent from the statement made in paragraph-3 of the

Patna High Court Cr.Misc. No.32632 of 2017 (2) dt.20-07-2017 2/2 application which shows that within 2-3 days in the year 2016 this petitioner was involved in three cases for the offences alleged under Sections 379 and 380 of the Indian Penal Code. Learned counsel further submits that petitioner is in custody since 27.05.2017 and is ready and willing to abide by the terms and conditions, the bail may be granted. He also points out that none of the seizure list witness has been examined by police and the seizure list does not bear the signature of this petitioner. Considering the fact that the investigation in the present case is over and the petitioner is said to be on bail in other cases, let the petitioner, namely, Dilip Mahto be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barauni Rail, Begusarai, in connection with Barauni Rail P.S. Case No. 91 of 2017, subject to the conditions U/s 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J.) ravi/- U T