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Patna High CourtCR. MISC./22419/2016bail granted

Bigu Mahto v. The State Of Bihar

2016-07-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22419 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bigu Mahto s/o Jhagaru Mahto, r/o vill.- Madhubani, P.S.- Sangrampur, Dist. East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-07-2016 Heard Sri Dhananjay Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Kesaria P.S. Case No. 117 of 2015 registered for the offence under section 413, 414/ 34 of the Indian Penal Code has prayed for grant of bail.

Learned counsel for the petitioner by way of referring to the F.I.R. submits that petitioner's name in the F.I.R. has appeared only on the basis of confession of one of the co -accused. He submits that in confession one of the co -accused has confessed that brother- in- law of the petitioner had kept one stolen motorcycle in the house of the petitioner. He submits that petitioner is a rickshaw puller and he is doing his job outside

Patna High Court Cr.Misc. No.22419 of 2016 (2) dt.25-07-2016 2/2 Bihar and only on confession petitioner has been made accused. It has further been submitted that petitioner is having clean antecedent.

In view of the fact that petitioner has been made accused only on the basis of confession, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Bigu Mahto be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate , Motihari, East Champaran in connection within Kesaria P.S. Case No. 117 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) Praful/- U T