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Patna High CourtCR. MISC./15310/2023allowed

Sudheer Mahto @ Sudheer Kumar @ Sudhir Mahto v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15310 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Sudheer Mahto @ Sudheer Kumar @ Sudhir Mahto Son Of Laljee Mahto Resident Of - Ward No.- 12, Rudauli, P.S.- Bachhwada, District - Begusarai. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was travelling from Mahananda Express from New Delhi to Jalpaiguri and in the course of journey he realized that the ladies bag of his wife has been stolen by unknown miscreants containing mobile

Patna High Court CR. MISC. No.15310 of 2023(2) dt.28-04-2023 2/3 and other materials.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Ravi Kumar. Moreover, the petitioner is languishing in judicial custody since 17.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Begusarai Rail P.S. Case No. 20 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.15310 of 2023(2) dt.28-04-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Barauni, Begusarai.

(Sunil Kumar Panwar, J) Nirajkrs/- U T