Patna High CourtCR. MISC./45716/2017bail granted

Binod Mahto v. The State Of Bihar

2017-09-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45716 of 2017 Arising Out of PS.Case No. -22 Year- 2007 Thana -RAXAUL RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Binod Mahto Son of Misir Mahto, R/o Village- Panchtaki Ram, P.S.- Bairganiya, District- Sitamarahi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raxaul Rail PS case no. 22 of 2007 registered for the offences punishable under Sections 328, 379, 506/34 of Indian Penal Code.

The accusation against the petitioner and others are that they are said to have drugged the co-passengers while traveling in the train and had looted their articles and cash. The FIR discloses that it was suspected that the petitioner herein and others were using the looted articles, hence the present FIR has been lodged.

Patna High Court Cr.Misc. No.45716 of 2017 (2) dt.20-09-2017 2/2 The learned counsel for the petitioner submits that there is no material on record to connect the petitioner with the alleged occurrence and even no material has come during investigation to show that the mobile being used by the petitioner was the one which was looted by the petitioner from the informant of the case. It is further submitted that the petitioner has clean antecedent and is in custody since 13.05.2017. Having considered the aforesaid facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail subject to verification of the criminal antecedent by the learned trial court and in case, no criminal antecedent is found, he will be released on regular bail upon furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Bettiah (West Champaran) in connection with Raxaul Rail PS case no. 22 of 2007.

(Mohit Kumar Shah, J.) rinkee/- U T